A mechanics lien Washington is a crucial legal tool that helps contractors, subcontractors, and suppliers secure payment for work performed on a property. In Washington State, mechanics lien laws have strict requirements that must be followed to ensure enforceability. Understanding these requirements can help construction professionals protect their financial interests effectively.
Where Do I File a Mechanics Lien in Washington?
To file a mechanics lien in Washington, you must submit your claim with the county recorder’s office in the county where the property is located. The lien document must be properly prepared and filed within the statutory deadline. Filing in the wrong county or missing the deadline can render the lien invalid. Each county may have different procedures, so it is advisable to check with the local recorder’s office to ensure compliance with all filing requirements.
What Information Must Be Included in a Mechanics Lien Washington Claim?
A valid mechanics lien Washington State must include the following details:
- The name and address of the claimant (contractor, subcontractor, or supplier).
- The name of the property owner.
- A legal description of the property being liened.
- A statement of the amount owed.
- The date the claimant last provided labor or materials.
- A sworn statement affirming the accuracy of the lien claim.
The accuracy and completeness of this information are critical. Even minor errors or omissions can lead to the lien being invalidated, making it imperative to double-check all details before filing.
What Types of Projects Qualify for a Mechanics Lien in Washington?
Washington mechanics lien applies to a variety of construction projects, including:
- Residential projects: Single-family homes, multi-family buildings, and apartments.
- Commercial developments: Office buildings, retail spaces, and warehouses.
- Public works projects: Though mechanics liens are not permitted on public projects, claimants may file a claim against a payment bond instead.
- Industrial infrastructure projects: Factories, plants, and utility installations.
Understanding which projects qualify for a mechanics lien ensures that claimants can take the proper legal steps to secure payment. Different rules and requirements may apply depending on the type of project.
How Long Do I Have to File a Mechanics Lien in Washington?
Washington mechanics lien law requires that mechanics liens be filed within 90 days of the last date the claimant provided labor, services, or materials to the project. Missing this deadline results in losing lien rights, making timely filing essential for payment security. The 90-day period begins from the last date of substantial work performed rather than minor corrective actions or punch list work.
Do I Need to Notarize My Mechanics Lien Before Filing?
Yes, Washington law requires that mechanics liens be notarized before they are filed with the county recorder’s office. Notarization confirms the authenticity of the document and helps prevent fraudulent claims. Failure to notarize the lien before filing can result in rejection by the county recorder. Many counties offer notary services, but it is advisable to arrange notarization in advance to prevent unnecessary delays.
Can I File a Mechanics Lien Online in Washington?
While some counties in Washington allow electronic filing of mechanics lien Washington, others may require physical submission. It is important to check with the specific county recorder’s office where the property is located to determine whether online filing is available and what requirements must be met. Electronic filing can speed up the process, but claimants should ensure they follow all guidelines to avoid filing errors.
What Happens to My Lien If the Property Owner Files for Bankruptcy?
If a property owner files for bankruptcy after you file a Washington state mechanics lien, the lien may still be enforceable under bankruptcy law. Mechanics liens are often considered secured debts, which means they have priority over unsecured debts in bankruptcy proceedings. However, the automatic stay triggered by bankruptcy may delay enforcement. Consulting with a legal professional is recommended in these cases. The bankruptcy court will assess whether the lien was properly filed and whether it can be enforced as a secured claim.
What Is the Deadline for Sending a Preliminary Notice in Washington?
In Washington, most lien claimants must send a preliminary notice (also called a pre-lien notice) to the property owner within 60 days of first providing labor or materials. This notice informs the owner that a lien may be filed if payment is not received. Without sending this notice, subcontractors and suppliers may lose their right to file a lien.
Key points to remember about the Washington preliminary notice:
- General contractors are not required to send a preliminary notice but should still keep accurate payment records.
- Subcontractors and suppliers must serve the notice within 60 days of starting work or delivering materials.
- The notice should be sent via certified mail with a return receipt requested to prove proper service.
Additional Considerations for Enforcing a Mechanics Lien
Once a mechanics lien is filed, the claimant must take additional steps to enforce the lien if payment is still not received. Enforcement involves initiating legal action, typically through a foreclosure lawsuit. In Washington, a mechanics lien is only valid for eight months after filing. If legal action is not taken within this period, the lien expires and becomes unenforceable.
Steps for Enforcing a Lien
- Confirm the lien is properly filed: Ensure all requirements, including deadlines and documentation, are met.
- Attempt to negotiate payment: Often, the existence of a lien encourages property owners to settle debts.
- File a lawsuit before the eight-month deadline: If payment is not made, the claimant must initiate a foreclosure lawsuit to enforce the lien.
Because lien enforcement is a complex legal process, working with an attorney can help navigate potential challenges and improve the chances of successful payment recovery.
Conclusion
Filing a valid mechanics lien in Washington requires attention to deadlines, correct documentation, and proper filing procedures. Key requirements include filing in the correct county, including essential details in the lien claim, notarizing the document, and sending a preliminary notice within 60 days. Additionally, understanding how liens interact with bankruptcy and whether online filing is available can help streamline the process.
Beyond filing, claimants must also be proactive in enforcing their lien rights. Since mechanics liens expire after eight months, timely legal action is necessary to protect payment claims. If you are unfamiliar with lien laws or face challenges in collecting payment, consulting with a legal professional can provide guidance and help you navigate Washington’s mechanics lien process effectively.
By following these guidelines, contractors, subcontractors, and suppliers can safeguard their financial interests and ensure they receive the payments they are owed.
At CRM Lien Services, we have been serving customers nationwide with required reference documentation for lien claims since 1986. We assist property owners in navigating the mechanics’ lien process, informing them about their rights and responsibilities, including providing notices, securing payment, and releasing mechanic’s liens.
We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a mechanics lien, give us a call or shoot us an email.
We would love to work with you and help you lower your risk and get paid fast!
