Issuing a preliminary notice in Washington is a valuable step to ensure quicker payment on construction projects. This notice, usually provided early in the project, serves as a formal alert to the property owner. Below are the key guidelines and essential details you need to understand when sending a preliminary notice or notice to owner Washington state.
Key Takeaways
- Timely Delivery Protects Lien Rights: To fully secure mechanics lien rights in Washington, preliminary notices must be sent within specific time frames depending on the project type. Generally, this means delivering the notice within 60 days for commercial or remodeling projects and within 10 days for new residential construction.
- Who Must Send a Notice to Owner: Contractors and suppliers without a direct contract with the property owner or general contractor should send a Notice to Owner to protect lien rights. However, those providing only labor without materials are typically exempt, though sending a notice is still recommended for full protection.
- Clear Guidelines for Required Notice Content: Washington has specific requirements for the content and format of preliminary notices, including detailed information about the claimant, property, and work scope. Properly filling out and delivering the notice per state guidelines is essential to maintaining lien rights and avoiding payment disputes.
Who Needs to Send a Preliminary Notice for Private Projects in Washington?
Model Disclosure Statement
Contractors working directly for the property owner must submit a Model Disclosure Statement (also known as a Notice to Customer) under the following conditions:
- The project involves the repair, renovation, or construction of a residential property with 4 or fewer units, and the bid exceeds $1,000.
- The project is commercial, with a bid price ranging from $1,000 to $60,000.
Notice to Owner
Subcontractors or suppliers who do not have a direct contract with the property owner or general contractor are typically required to send a Notice to Owner to secure their lien rights.
If the work involves only labor, this notice is not necessary. However, if materials are supplied, sending a preliminary notice is crucial to fully protect lien rights. In cases where both labor and materials are provided, a mechanics lien may be filed for the labor portion without the preliminary notice, but it is recommended to send a notice for complete lien protection on every project.
Who Needs to Send a Preliminary Notice for Public Projects in Washington?
Anyone who does not have a direct contract with the public entity or the primary contractor must submit a Notice to Contractor in order to maintain the right to file a public payment bond claim. Typically, those providing only labor (with no materials) do not need to send this notice, but it is still considered good practice to do so.
Additionally, individuals supplying materials, equipment, or supplies can issue an additional notice to safeguard their right to claim retainage. This notice is usually included as part of the Notice to Contractor.
What Is the Deadline for Submitting a Private Preliminary Notice in Washington?
Disclosure Statement
A disclosure statement must be provided before any work starts on the project.
Notice to Property Owner
To ensure complete lien rights protection, the notice should be delivered within 60 days of the initial provision of labor or materials. However, for new single-family residential construction projects where the owner occupies the property, the preliminary notice must be sent within 10 days of the first contribution of labor or materials.
What Is the Deadline for Submitting a Public Preliminary Notice in Washington?
Disclosure Statement
A disclosure statement must be provided before any work starts on the project.
Notice to Property Owner
To ensure complete mechanics lien rights protection, the notice should be delivered within 60 days of the initial provision of labor or materials. However, for new single-family residential construction projects where the owner occupies the property, the notice must be sent within 10 days of the first contribution of labor or materials.
Who Should Receive a Private Preliminary Notice in Washington?
Disclosure Statement Requirements
This statement must be delivered to the property owner, and contractors are required to keep a copy for at least three years. This retained copy can be requested by the Washington Department of Labor & Industries if needed.
Notice to Property Owner
The notice should be sent to both the property owner and the prime contractor. While it isn’t mandatory to notify the prime contractor on existing single-family residential projects, it’s advised to do so for added assurance.
Working on condominium projects in Washington presents unique challenges. Often, a condo project may start under a single development owner, but as individual units are sold, ownership of common areas could be divided among multiple parties. This creates a complex question of which parties should receive the preliminary notice in such cases.
What Information Must Be Included in a Private Preliminary Notice for Washington?
Disclosure Statement Guidelines
The disclosure must contain the specified notice language outlined in RCW §18-27-114(1)(b) in at least 12-point font, with bold and uppercase text where required. Additionally, it should include the contractor’s license number, license bond number, and be signed by the property owner.
Notice to Property Owner
The Washington lien Notice to Owner should incorporate the required language from RCW §60.04.031(4) in a minimum 10-point font, with bolded uppercase text where specified. This notice must also include:
- The claimant’s name, address, and contact number
- The property address
- Name of the hiring party
- A description of the labor and/or materials to be supplied
How Should a Private Preliminary Notice Be Sent in Washington?
Model Disclosure Statement
The law does not mandate a particular delivery method since the owner’s signature is required. As a best practice, it’s recommended to include this notice within the contract documents.
Notice to Owner
This notice should be delivered via registered or certified mail or by personal service.
What Happens if a Private Preliminary Notice Is Sent Late in Washington?
Model Disclosure Statement
Failure to issue this notice before beginning work can not only void a contractor’s lien rights but may also result in fines from the Washington Department of Labor & Industries.
Notice to Owner
Although this notice can be sent after the project starts, a delayed notice reduces lien protection. In most cases, a late notice will secure lien rights for labor and materials supplied within 60 days prior to the notice’s delivery and for all future work. For owner-occupied, single-family homes, a late notice only protects work done within 10 days following service of the notice.
What Happens if a Public Preliminary Notice Is Sent Late in Washington?
A late notice can still provide some protection, but it will be more limited. When a Notice to Contractor is sent late, it will cover only the 10 days prior to the date it was served. Similarly, a delayed retainage notice remains valid, but it will only secure claims for the 60 days leading up to the notice’s receipt.
Overview of Washington Preliminary Notices
The Washington preliminary notice is required for certain project types, and the specific notice depends on the participant’s role in the project.
General Contractor Requirements
For contractors working directly with the property owner, a Model Disclosure Statement must be provided in these cases:
- When repairing, altering, or constructing residential property with four or fewer units if the bid is $1,000 or more.
- For commercial projects with a bid between $1,000 and $60,000.
Failure to issue this Model Disclosure Statement can lead to a loss of lien rights and possible fines.
Requirements for Subcontractors and Suppliers
Participants not contracted directly with the property owner generally need to send a Washington Notice to Owner to secure lien rights.
A few points to note:
- Those providing only labor are not required to send a preliminary notice Washington, though a Model Disclosure Statement is still needed if contracting directly with the owner.
- The “labor-only” rule protects certain work by subcontractors even if they fail to send a preliminary notice. Specifically:
For full lien protection, it’s best practice to send a preliminary notice on every project in Washington, especially when materials are involved. This ensures lien rights for the entire scope of work if needed in the future.
How to Send a (Preliminary Notice) Notice to Owner in Washington?
To secure your mechanics lien rights! Washington law requires that most participants on private construction projects serve a Notice to Owner to protect these rights. The state’s guidelines are specific, so it’s important to follow them closely.
Who Needs to Send a Washington Notice to Owner, and to Whom?
If you did not contract directly with either the property owner or the general contractor, you’ll need to send a Notice to Owner to preserve your right to file a mechanics lien. However, if you are only providing labor without materials, you are not required to send a preliminary notice. For those supplying both labor and materials, a preliminary notice is necessary to fully protect lien rights.
Important Notes:
- Contractors working directly with the owner must deliver a “Model Disclosure Statement.”
- If you didn’t contract with the general contractor, you should send notice to both the GC and the property owner.
- Condo projects can create unique complexities with multiple property owners involved.
What Should Be Included in a Washington Notice to Owner?
Washington provides a specific format for preliminary notices.
When Should a Notice to Owner Be Sent?
Timing is crucial, as the notice must be sent within specific time limits based on the project type:
- For general commercial projects or owner-occupied single-family homes that are being remodeled, altered, or repaired, send the Notice to Owner within 60 days of starting work. A late notice will cover only the previous 60 days of work.
- For new single-family home construction, deliver the Notice to Owner within 10 days of first providing labor or materials. If it’s sent late, it will apply only to labor or materials furnished in the 10 days prior.
Note: If you’re submitting a Model Disclosure Statement as a direct contractor, it must be served before work begins.
How to Send a Notice to Owner
The Notice to Owner can be sent by registered or certified mail or delivered personally. If delivered in person, a signed receipt or affidavit of service is needed.
Additional Points to Consider:
- For contractors working directly with the owner, the Model Disclosure Statement requires the owner’s signature upon delivery.
- Notices sent by registered or certified mail are deemed delivered three days post-mailing, excluding weekends and holidays.
Get in Touch
In Washington, issuing a preliminary notice is a vital step for contractors and suppliers looking to secure their mechanics lien rights. Following state guidelines on timing, content, and delivery ensures comprehensive protection of payment rights.
While some rules vary based on project type and participant role, the Notice to Owner serves as a critical safeguard for financial interests on private construction projects. Whether through mail or personal service, delivering this notice on time helps protect lien rights and reduces payment risks on both private and public construction endeavors.
At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely preliminary notice and lien filings.
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 preliminary notice and mechanics lien, give us a call or shoot us an email.
