Like every jurisdiction, Washington state lien laws allow builders and construction professionals to file mechanics liens, but retains its own unique state-level quirks that construction companies working in the area should be aware of.
In particular, Washington state has a number of complexities in their lien laws that require a situation-by-situation review. Here are just a handful of the details you need to pay attention to when working on private projects in this state (public projects have different guidelines).
Preliminary Notice Deadlines
Not all construction projects require a notice to owner, but some do, so it’s important to determine whether your project requires one. If you did not contract directly with the owner of a project, then you’ll be required to file a notice to owner to let them know you’re working on the project unless you’re only furnishing labor and not supplies. Further, most residential projects and smaller commercial projects (those under $60,000) require prime contractors to file a model disclosure statement before beginning work.
60 Days After Work Begins
Subcontractors and suppliers must file a notice of right to claim lien within 60 days of first supplying work or delivering materials to a project site. Sub-subcontractors are also included in this timeline, but suppliers to suppliers are not able to file mechanics liens on a project. Who needs to receive the notice of right to claim lien depends on the specifics of the situation.
Timeline for Filing Mechanics Liens
90 days after a party last supplied labor or delivered materials, mechanics liens are due. Once they are filed, you have 14 days to notify the owner of your lien and eight months to enforce or cancel the lien. This deadline cannot be shortened or extended by contract, so it’s important to pay attention to this deadline because any liens filed afterwards are void. Liens must be notarized and most counties in Washington allow for electronic filing, so the more complicated pieces of the process are recordkeeping and tracking the dates to ensure you file in a timely fashion.
Lien Waiver Forms
Lien waiver forms are not set by Washington state lien law as they are in many states, so it’s important to review any lien waivers you’re given to be sure they’re fair and accurate before signing. A conditional lien waiver, for example, only removes your right to file a lien once you’ve been paid for your work on the project. An unconditional waiver, on the other hand, removes your right to file a lien regardless of whether you’ve first received payment.
If you’re new to working in Washington, taking on a different type of project, or managing projects across multiple jurisdictions, you may want to consult with an experienced construction law attorney to ensure you’re meeting all the necessary requirements to preserve your right to file a mechanics lien. National Lien & Bond counsels construction operations of all sizes across all 50 states. Reach out to schedule one of our lien seminars for your business to learn more about the importance of good business processes and oversight in preserving your right to get paid.
This blog is for educational purposes only and not intended for legal advice.
Frequently Asked Questions
Who must serve a Washington Pre-Claim Notice?
Under RCW 60.04.031, sub-tier claimants — meaning anyone NOT in direct contract with the property owner — must serve a Pre-Claim Notice (also called "Notice to Owner" or "Notice to Customer") within 60 days of first furnishing labor, materials, or equipment to a Washington construction project. The notice must go to the owner of record and is required to preserve lien rights for the period more than 60 days BEFORE the notice was served. 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.
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 or substantial completion — 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 (Cal. Civ. Code § 8460) or Florida's 1 year (Fla. Stat. § 713.22). However, 8 months is still a strict statute of repose that cannot be tolled or extended for hardship. Failure to file within 8 months extinguishes the lien automatically by operation of law. Washington's longer foreclosure window provides more settlement runway than most states but should not be wasted on extended negotiations without filed suit as leverage.
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 sufficient for identification, including the legal description if available and the street address; (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 deducting just credits and offsets); (8) verification under penalty of perjury. Defective Claims of Lien missing required contents are unenforceable.
Can Washington homestead property be subject to a mechanics lien?
Yes — Washington mechanics liens can attach to homestead residential property under RCW 60.04 et seq. Washington does NOT have a residential homestead exemption that blocks mechanics liens, unlike Texas (Tex. Prop. Code § 53.254). However, Washington Consumer Protection Act and contractor-registration requirements under RCW 18.27 may affect enforceability — unregistered contractors lose lien rights under RCW 18.27.080. Suppliers and sub-tier claimants who properly served the Pre-Claim Notice can lien Washington residential property the same way they lien commercial property.
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. National Lien & Bond ensures Washington liens are properly documented before filing to defeat frivolous lien challenges.
How does National Lien & Bond help unpaid contractors 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 the strategic coordination. For Washington-jurisdiction matters, NLB connects claimants with vetted Washington construction-payment attorneys who handle the 60-day Pre-Claim Notice under RCW 60.04.031, the 90-day Claim of Lien recording under RCW 60.04.091, and the 8-month foreclosure suit under RCW 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.