It’s not always easy to receive the gold you’ve earned in the Evergreen State. Washington, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Washington mechanics lien and Washington construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Washington lien and protect your right to be paid. Here are 5 things you need to know about the Washington lien laws as reported to NLB busy our network of Washington construction attorneys and Washington construction lawyers to successfully file your next lien.
WHO CAN FILE A WASHINGTON MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Washington liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Washington construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE WASHINGTON MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE WASHINGTON MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Washington require a preliminary notice before filing a mechanics lien?
Yes — under RCW 60.04.031, sub-tier claimants must serve a PRE-CLAIM NOTICE within 60 DAYS of first furnishing labor or materials to a Washington construction project. The notice must go to the owner of record. Notice served late only protects work within 60 days BEFORE service plus everything thereafter — work furnished earlier is permanently barred. Direct contractors in privity with the owner are exempt from § 60.04.031 service. Washington's 60-day window is one of the longest preliminary-notice deadlines but is still strict.
What is the deadline to file a Washington mechanics lien?
Under RCW 60.04.091, the Washington Claim of Lien must be recorded with the County Auditor within 90 DAYS after the date the claimant ceased to furnish labor, professional services, materials, or equipment to the project. The 90 days runs from LAST furnishing, not from completion of the entire project — Washington's deadline is unusually claimant-friendly in this respect. However, the 60-day Pre-Claim Notice deadline under RCW 60.04.031 is a separate prerequisite for sub-tier claimants and runs from FIRST furnishing. Missing either deadline forfeits the lien.
What is the deadline to file a Washington mechanics lien foreclosure suit?
Under RCW 60.04.141, a Washington mechanics lien foreclosure action must be commenced in Superior Court within 8 MONTHS of recording the Claim of Lien — substantially longer than California's 90 days but shorter than Illinois's 2 years. The 8-month foreclosure window provides reasonable settlement runway but cannot be extended for hardship. Failure to file within 8 months extinguishes the lien automatically by operation of law. Washington's longer foreclosure window should not be wasted on extended negotiations without filed suit as leverage.
Do I need to be a registered Washington contractor to file a mechanics lien?
Yes for most claimants. Under RCW 18.27.080, contractors performing construction work in Washington must be registered with the Washington Department of Labor & Industries. Unregistered contractors lose lien rights — even if all notice and filing deadlines are met. This makes contractor registration mandatory before any Washington project work begins. Material suppliers and equipment lessors may not need registration depending on the nature of their work. Verify registration status before relying on lien rights.
What is the Washington frivolous lien statute?
Under RCW 60.04.081, a Washington property owner can file a motion to discharge a mechanics lien as 'frivolous and made without reasonable cause' or 'clearly excessive.' If the court agrees, the lien is discharged and the claimant is liable for the owner's costs and attorney's fees. Frivolous lien motions are common owner-side defensive tools in Washington and require the claimant to defend the lien on the merits at an early stage. Properly-documented liens with clear contract documentation and accurate amounts typically defeat frivolous lien motions.
What contents are required on a Washington Claim of Lien?
Under RCW 60.04.091(2), a Washington Claim of Lien must contain: (1) the name, phone number, and address of the claimant; (2) the name of the person or entity who hired the claimant; (3) the name of the property owner or reputed owner; (4) a description of the property; (5) the dates of first and last furnishing; (6) a description of the labor, services, materials, or equipment furnished; (7) the amount of the lien (after credits); (8) verification under penalty of perjury. Defective Claims of Lien missing required contents are unenforceable.
How does National Lien & Bond help with Washington mechanics liens?
National Lien & Bond files Washington mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Washington-jurisdiction matters, NLB connects claimants with vetted Washington construction-payment attorneys who handle the 60-day Pre-Claim Notice service under RCW 60.04.031, the 90-day Claim of Lien recording under § 60.04.091, and the 8-month foreclosure suit under § 60.04.141. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Washington lien losses. Contact NLB for a free initial consultation.