Mechanics liens

Washington mechanics lien law and deadlines

In Washington you record a claim of lien with the county within 90 days after you stop furnishing labor, services, materials, or equipment, and you must file suit in superior court within eight calendar months after recording. Suppliers and lower-tier parties also need a notice to owner, which only reaches back 60 days.

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Washington calls it a construction lien, and the rules are in chapter 60.04 RCW. Under RCW 60.04.091, every lien claimant must record a notice of claim of lien in the county where the property sits no later than 90 days after it last furnished labor, professional services, materials, or equipment. Under RCW 60.04.141, the lien stops binding the property eight calendar months after recording unless the claimant files a foreclosure action in that county's superior court and serves the owner within 90 days of filing. The piece people miss is the notice to owner: it can be sent any time, but it only protects what was supplied in the 60 days before it went out.

Washington lien deadlines at a glance (chapter 60.04 RCW)
StepDeadline or ruleRCW
Notice to owner (suppliers, equipment, professional services, and parties not contracting with the prime)Any time, but only covers items supplied after the date 60 days before the notice (10 days on new single-family residences)60.04.031(1)
Claim of lienRecord within 90 days after you last furnished labor, services, materials, or equipment60.04.091
Where to recordCounty auditor (recording office) where the property is located60.04.091, 60.04.111
Foreclosure actionFile in superior court within 8 calendar months after recording, serve the owner within 90 days of filing60.04.141
ProsecutionCourt may dismiss if not taken to judgment within 2 years after filing60.04.141
Job-site postingPrime contractor posts project, owner, and lender info on projects over $5,00060.04.230

Who has lien rights in Washington

RCW 60.04.021 gives a lien to any person furnishing labor, professional services, materials, or equipment for the improvement of real property at the request of the owner or the owner's agent or construction agent. The definitions in RCW 60.04.011 count registered or licensed contractors and subcontractors, architects, and engineers as construction agents of the owner, and "improvement" includes professional services done in preparation for the work, plus landscaping. Unpaid contributions to an employee benefit plan for labor on the job are covered too.

Registration matters. RCW 60.04.041 says a contractor or subcontractor required to be registered under chapter 18.27 RCW (or licensed under chapter 19.28 RCW) only counts as the owner's construction agent if it is registered. Check your Washington contractor registration before you rely on a lien.

Notice to owner: the 60-day lookback

Washington's version of a preliminary notice is the "NOTICE TO OWNER" in RCW 60.04.031, and the statute prints the form. Anyone furnishing professional services, materials, or equipment must send it to the owner or reputed owner by certified or registered mail, or deliver it personally with proof of delivery. If the prime contractor has complied with the posting and disclosure rules, a copy also goes to the prime, unless you contract directly with the prime.

There is no hard deadline, but the protection only reaches back 60 days from mailing or delivery, or 10 days on new construction of a single-family residence. Example: a lumber yard starts shipping to a Spokane apartment framing sub on May 1 and does not send its notice until August 15. Only deliveries after June 16 are protected. Send it with the first delivery.

The notice is not required of parties who contract directly with the owner, laborers whose claim is only for labor, or subcontractors who contract directly with the prime contractor (except on owner-occupied remodels, below).

Owner-occupied remodels

On the repair, alteration, or remodel of an existing owner-occupied single-family residence or its garage, RCW 60.04.031(3) changes the math. A contractor working directly for the owner-occupier needs no notice and has a lien for the full amount. Everyone else, including subs working directly for the prime, must give the owner-occupier notice, and their liens can only be paid from amounts the owner had not yet paid the prime when the notice was received. A sub who sends the notice after the owner has paid in full may have nothing left to lien.

Recording and foreclosing the claim of lien

The claim of lien must state the claimant's name, phone, and address, the first and last dates of work, the person who owes the money, a property description, the owner's name (or "unknown"), and the principal amount. It must be signed under penalty of perjury and acknowledged. RCW 60.04.091 provides a sample form. If the credit terms are stated in the claim, the eight-month clock runs from when that credit expires (RCW 60.04.141). Owners can attack a frivolous or clearly excessive lien by motion under RCW 60.04.081, so keep the amount tight to what is actually owed.

Lien waivers and releases

Chapter 60.04 RCW does not prescribe statutory lien waiver forms, so the language comes from the contract or the parties. What the statute does require is a release after payment: under RCW 60.04.071, once the amount due is paid and accepted, the claimant must immediately prepare and deliver a release of lien rights on demand, and an unjustified delay can cost attorney fees and damages. Use conditional waivers with pay apps and unconditional ones after funds clear; the lien waiver tracking template keeps the paper straight.

Public works use bonds, not liens

Public property is not lienable. RCW 39.08.010 requires public bodies to take a payment bond that guarantees payment to laborers, mechanics, subcontractors, and suppliers. On contracts of $150,000 or less, the contractor may elect to have the public body retain 10 percent of the contract amount instead of a bond. Read the bond claim notice rules before the job closes, and see Washington prevailing wage and prompt payment rules for the rest of the public works picture.

Frequently asked questions

How long do I have to file a lien in Washington?

Record the notice of claim of lien in the county where the property is located no later than 90 days after you last furnished labor, professional services, materials, or equipment (RCW 60.04.091).

How long is a Washington lien good for?

Eight calendar months after recording, unless you file a foreclosure action in that county's superior court within that time and serve the owner within 90 days of filing (RCW 60.04.141).

Who has to send a notice to owner in Washington?

Anyone furnishing professional services, materials, or equipment, unless they contract directly with the owner. Laborers claiming only for labor and subs contracting directly with the prime are exempt, except on owner-occupied single-family remodels, where lower-tier parties must give notice (RCW 60.04.031).

Does Washington have statutory lien waiver forms?

No forms are prescribed in chapter 60.04 RCW. The statute does require a claimant to deliver a release of lien rights on demand once payment is made and accepted (RCW 60.04.071).

Can an unregistered contractor file a lien in Washington?

A contractor or sub required to register under chapter 18.27 RCW is deemed the owner's construction agent for lien purposes only if registered (RCW 60.04.041). Confirm your registration is current before starting work.

Sources

  1. Washington State Legislature: chapter 60.04 RCW, Mechanics' and materialmen's liens
  2. Washington State Legislature: RCW 39.08.010, Bond required

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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