UA-134413943-2
Seattle Construction Lawyers 206-621-1871

Mechanics Liens

Overview of Washington Mechanics Liens

Mechanics liens 309x211

Subcontractors providing labor, materials, or equipment to a privately-owned project have lien rights in Washington. RCW 60.04.021

Although a subcontractor is afforded lien rights, those lien rights must be exercised by following proper procedures and meeting various deadlines. RCW 60.04.141.

In some instances, a subcontractor must provide advance notice to the owner and general contractor to be able to exercise its lien rights. RCW 60.04.031.

Generally, when a subcontractor contracts directly with the prime contractor, a pre-lien notice is not required. When required, a pre-lien notice should be given 60 days before commencing work or supplying material.  RCW 60.04.031.

To be effective, the pre-lien notice must be personally delivered – or sent via certified mail – to both the prime contractor and the owner. Unlike a prime contractor, a subcontractor does not need to provide an owner disclosure statement. RCW 18.27.114.

A subcontractor must record the mechanics lien within 90 days of being off the job. RCW 60.04.091.

If a subcontractor does not meet this deadline, then the subcontractor loses its lien rights. Once recorded, a subcontractor has fourteen days to provide the owner a copy of the lien. RCW 60.04.091. However, the consequence for failing to provide the owner timely notice of the recorded lien is only a forfeiture of any fees and costs that could otherwise be awarded against the project; the lien is still valid for the labor, materials, and equipment claimed.

To be effective, the lien must include the subcontractor's name and contact; the person owing the subcontractor's earnings; the name of the owner; a description of the property; the date work commenced; the date the subcontractor was off the job; and the principal amount claimed by the subcontractor. RCW 60.04.091.

Once a lien is properly recorded, a subcontractor has eight months from the date of recording to foreclose on the lien by filing a lawsuit in the county where the project is situatedRCW 60.04.141.

If this deadline is not met, then the lien is void.


Do you have a question about a Construction Dispute?
Do you have a problem getting straight answers and accurate information?

Please call us with a question about your problem,
even if you are not ready to use our services.
Our goal is to help you and make sure you have the information
and help you need to solve your construction dispute.

BAROKAS MARTIN & TOMLINSON

Smart Advice, Strong Advocacy and Sustained Achievement Since 1968

Menu