If contractors and suppliers are not paid on a construction project in Washington, they can file a mechanics lien to secure their payment. A mechanics lien is a legal tool that grants the unpaid party a security interest in the property.

At CRM Lien Services, we specialize in ensuring you get paid quickly and reliably. We can prepare and file mechanics liens for you, considering Mechanics Lien Washington state and state-specific rules and regulations.

This page outlines the rules, requirements, and deadlines necessary to file a mechanics lien in Washington.

Key Takeaways

• Eligibility: Contractors, subcontractors, suppliers, equipment lessors, design professionals, and landscape gardeners can file liens. Builders must register to enforce liens.
• Filing: File within 90 days of the last work. Include claimant info, dates, hiring party, property description, owner’s name, amount, and details of labor, professional services, materials, or equipment provided. Record in the county of the job site.
• Enforcement: Serve the lien within 14 days. If unpaid, enforce via lawsuit within 8 months. Release promptly upon payment to avoid legal issues.

Who Can File a Washington Mechanics Lien as a Lien Claimant?

In Washington, mechanics lien rights are granted to direct contractors, subcontractors, material suppliers, equipment lessors, design professionals, and landscape gardeners involved in real property improvements. A person furnishing professional services is also eligible to file a lien.

Construction managers and suppliers to suppliers do not have lien rights in Washington.

Can an Unlicensed Contractor File a Mechanics Lien in Washington?

Washington requires builders to register and obtain a certificate of registration. If you are a “builder” and fail to secure this certificate, you forfeit your right to claim and enforce a lien. However, material suppliers who do not perform the work of incorporating those materials into the project are exempt from these registration requirements. Additionally, those who contract directly with the owner or the owner’s common law agent are not required to send a written notice of the right to claim a lien.

When Is the Deadline to File a Washington Mechanics Lien?

In Washington, the deadline to file a mechanics lien is 90 days from the date the claimant provided labor or materials to the project.

This deadline cannot be altered by contract or agreement—it is fixed.

Additionally, if the deadline falls on a weekend or holiday in Washington state, it is extended to the next business day.

What Information Should Be Included in a Washington Mechanics Lien, Including Legal Description?

A Washington Notice of Claim of Lien, governed by R.C.W. §60.04.091, must include the following information:

• Claimant’s name, address, and contact number
• First and last date of providing labor and/or materials to the project
• Name of the hiring party
• Legal description of the property
• Name of the owner or reputed owner (or a statement if unknown)
• Lien amount
• Employee benefit contributions

Although Washington’s lien requirements are technical, litigating over minor and uncertain issues can be risky for the parties involved.

Is Notarization Required for a Washington Mechanics Lien?

Yes, Washington law requires that a mechanics lien be notarized to be valid and accepted for recording.

Where Do I File and Record a Washington Mechanics Lien?

Washington Mechanics lien must be recorded with the county auditor’s office. To ensure your mechanics lien is valid, you must file it in the county office where the job site is physically located.

Washington has numerous counties, each with its own specific rules and requirements for recording liens. Additionally, most counties in Washington state now accept electronically recorded documents, including mechanics liens. This electronic recording option can streamline the filing process and ensure timely compliance with state requirements.

Who Cancels the Washington Lien When the Property Owner Pays?

Washington law mandates that a lien claimant release their lien rights upon receiving payment and accepting the amount due. Upon the owner’s or payer’s demand, the claimant must promptly prepare, execute, and deliver a release of lien rights to the person making the payment.

If the owner is forced to file a lawsuit to compel the release, the claimant may be liable for damages, court costs, and attorney’s fees.

How to Get Help Filing Your Washington Preliminary Notice?

Subcontractors and suppliers can use the Washington Notice to Owner form to meet their requirement of sending a Notice to Owner on private construction projects in Washington. This includes providing professional services, such as labor, architectural or engineering services, and materials or equipment for improving real property.

The Washington Notice to Owner, also known as a Notice of Right to Claim Lien, is a preliminary notice used to protect a subcontractor or supplier’s right to file a mechanics lien in Washington if they are not paid for their work or materials.

Washington State requires subcontractors and suppliers to send a Notice to the Owner within 60 days of first providing labor or supplies to a construction or renovation project. For new construction projects involving single-family residences, the notice must be sent within 10 days of first providing labor or materials.

The Notice to Owner must be sent by certified or registered mail or personally delivered to the owner. If personally delivered, a signed receipt from the owner or an affidavit of service is required. Washington considers the notice served three days after the mailing date.

Prime contractors in Washington have a different preliminary notice requirement. Those working on residential properties with four or fewer units must provide a Model Disclosure Statement.

This form complies with the requirements outlined in Washington Statute Chapter 60.04 – Mechanics’ and Materialmens’ Liens.

How to File a Lien in Washington?

If you haven’t been paid for labor, services, materials, or equipment provided on a construction project in Washington, you may recover your owed money by filing a Washington state mechanics lien (also known as a Claim of Lien). Services, materials, or equipment can be claimed as part of this process.

Here’s a step-by-step guide on how to file a mechanics lien in Washington:

Step 1: Prepare the Mechanics Lien Form

Washington has strict requirements for what your mechanics lien must contain, detailed in RCW 60.04.091. The statute provides a prescribed form for filing a Washington mechanics lien.

You can download a free Washington mechanics lien form prepared by construction attorneys to meet all statutory requirements.

Claimant Information: Include the name, phone number, and address of the party making the lien claim. If you are filing on behalf of your business, include the business name, number, and address. Accurate information is critical to avoid invalidating the claim.

Furnishing Dates: The lien claim must include the first and last dates of furnishing labor, professional services, materials, or equipment. These are the first and last days you performed work covered by Washington’s lien laws. Exclude non-covered work, such as pulling permits or punch list items, from these dates.

Name of Your Customer: The lien must name the person indebted to the claimant, usually your customer. If another party was supposed to pay you, include their name. Double-check the legal name of the business to ensure accuracy.

Description of the Property: Include a description of the property that is reasonably calculated to identify it. A legal property description is the most official way and helps avoid losing lien rights.

Name of the Property Owner: Identify the property owner or reputed owner. If you don’t have a contract with the owner, finding this information can be challenging. If the owner or reputed owner is unknown, state that on the lien.

Lien Amount: State the amount of money the lien is being claimed for. Include only the unpaid amount for work performed; do not include interest, attorney fees, or other extraneous amounts.

Assignee (if the Lien Has Been Assigned): If the lien has been assigned to someone else at the time of filing, include the assignee’s information.

Signature and Acknowledgement: The lien must be signed and notarized to be valid. Ensure all information is accurate before signing to avoid liability.

Step 2: File the Lien

File your mechanics lien in the county recorder’s office where the property is located. If the project spans two counties, record the lien in both.

Deadline to File: You must record your mechanics lien within 90 days after the last furnishing of services, labor, or materials. Late filings are void.

What to Bring: Bring your lien claim and checkbook. Filing fees vary by county and are subject to change, so confirm the fees before filing.

Recording Options

In Person – Filing in person ensures immediate confirmation that the lien is filed correctly.

By Mail – Mailing your lien can save time, but verify the filing fees beforehand to avoid rejection.

Electronic – Most Washington counties accept electronically recorded liens. This method combines ease and certainty but requires an account with an electronic recording service provider, such as Simplifile.

Step 3: Serve a Copy of the Lien via Certified or Registered Mail

Serve a copy of the mechanics lien Washington on the property owner within 14 days of recording. Failure to do so may disqualify you from recovering attorney fees in any enforcement action. Serve the lien by certified or registered mail or by personal service.

Step 4: Get Paid — or Enforce the Lien

Filing a mechanics lien provides leverage for payment. If the owner or contractor still does not pay, consider sending a Notice of Intent to Foreclose to show you are serious about pursuing the claim.

Enforcing the Lien: If necessary, file a lawsuit to enforce the lien within 8 months of the recording date. Successful claimants can recover attorney fees and other costs.

Releasing the Lien: Upon full payment, release the lien by preparing a release in recordable format, identifying the previously filed lien, and requesting its release. This avoids potential liability for holding an expired lien.

Get in Touch

Filing a mechanics lien in Washington State is a crucial step for contractors and suppliers to secure payment for their labor, services, or materials on construction projects. A mechanics lien provides a legal tool that grants the unpaid party a security interest in the property, ensuring they have leverage to get paid.

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!