Mechanics lien Washington is an essential tool for contractors, subcontractors, and suppliers to secure payment for services, materials, or labor provided on a construction project. However, these liens are governed by strict time limits that must be followed in order to maintain their validity. Missing a deadline can result in the loss of the right to file a lien, which could impact a contractor’s ability to recover payment. This article will discuss the time limits for filing a mechanics lien in Washington and provide an overview of the key considerations for filing on time.
How Long Do Contractors Have to File a Mechanics Lien in Washington?
Contractors must file a Washington state mechanics lien within 90 days of completing their work or providing their materials to the project. This deadline applies to contractors who have a direct contract with the property owner. It is crucial for contractors to track the completion date and ensure that they file the lien within this 90-day window, as failure to do so may invalidate their claim.
For subcontractors, the timeline is slightly different, as they typically do not have a direct contract with the property owner. Subcontractors are required to file their mechanics lien within 90 days of completing work or providing materials, but they must first serve a Preliminary Notice to the property owner and general contractor within 60 days of starting work to preserve their right to file the lien.
When Does the Deadline for Filing a Mechanics Lien Washington Begin?
The deadline for filing a mechanics lien in Washington state begins on the last day of work or the last day of delivery of materials. For contractors and suppliers, this means the time frame starts when they finish the last task, whether it’s labor or materials, on the construction project.
For subcontractors and suppliers who have served a Preliminary Notice, the 90-day period begins from their last date of work or materials delivery, just like for contractors.
If there are multiple phases or stages of work on a project, it’s important to track when the final work or material delivery is completed, as that marks the beginning of the filing deadline.
How Much Time Do Subcontractors Have to File a Mechanics Lien?
Subcontractors in Washington have the same 90-day time frame to file a mechanics lien as contractors. However, the key difference for subcontractors is that they must first serve a Preliminary Notice within 60 days of starting work or delivering materials. Failure to serve the Preliminary Notice within this period can result in losing the right to file a lien, even if the work is completed on time.
Once the Preliminary Notice is served, the subcontractor can then file the mechanics lien within 90 days from the last day of work or materials delivery.
Can I File a Mechanics Lien After the Deadline Has Passed?
No, you cannot file a Washington mechanics lien after the deadline has passed. Washington law has strict deadlines, and failing to file a mechanics lien within the required 90-day window means that the lien will be deemed invalid. There is no provision for filing a lien after the time limit has expired, so it’s essential for contractors, subcontractors, and suppliers to be aware of the deadlines and take action promptly.
If the lien is not filed within the allotted time, the right to pursue a lien claim is lost, and the party seeking payment will have to explore alternative methods for recovering funds.
What Is the Deadline for Filing a Lien on Residential Property?
For residential properties in Washington, the deadline for filing a mechanics lien is also 90 days from the last day of work or delivery of materials. However, in some cases, if the contractor or subcontractor has not had a direct contract with the property owner, they must first serve a Preliminary Notice within 60 days of starting work or providing materials.
It’s important to note that for residential projects, if a lien is filed without providing the required Washington Preliminary Notice, the lien could be invalidated.
Are the Time Limits Different for Commercial Projects?
The time limits for filing a mechanics lien on commercial properties in Washington are the same as those for residential properties. Contractors and subcontractors have 90 days from the completion of their work or the last delivery of materials to file the lien. The requirement for serving a Preliminary Notice also applies to subcontractors and suppliers who do not have a direct contract with the property owner.
Although the deadlines are the same for both residential and commercial properties, commercial projects tend to have more complex ownership and financing arrangements, which may require additional documentation or steps before filing the lien.
What Documents Are Needed to File a Mechanics Lien on Time?
To file a mechanics lien Washington, several important documents must be completed and submitted. These include:
- The Mechanics Lien Claim: This is the formal document that outlines the amount owed, the work completed, and the property affected by the lien.
- Preliminary Notice (if required): For subcontractors or material suppliers who do not have a direct contract with the property owner, a Preliminary Notice must be served within 60 days of starting work or delivering materials.
- Proof of Service: Contractors and subcontractors must be able to prove that the Preliminary Notice (if applicable) was properly served to the property owner, general contractor, and lender (if applicable).
- Supporting Documentation: Contractors may need to provide documentation, such as invoices, contracts, or work orders, to back up their lien claim.
- Filing Fees: A filing fee is required when submitting the mechanics lien with the county recorder or other appropriate government agency. The fees vary by county.
What Are the Penalties for Filing a Lien After the Time Limit?
If a Washington mechanics lien is filed after the time limit has passed in Washington, the lien will be invalid. This means the filer will lose their right to seek payment through the lien process. There are no extensions or grace periods beyond the 90-day deadline.
Furthermore, filing a lien after the time limit could result in penalties. If the lien is determined to be invalid or fraudulent, the filer may be subject to legal action from the property owner or other parties involved in the project. In some cases, the filer could face damages for improperly recording a lien after the deadline has passed.
Conclusion
Filing a mechanics lien in Washington state within the proper time limits is essential for contractors, subcontractors, and suppliers seeking payment for work or materials provided on a construction project in Washington. In general, contractors and subcontractors must file their lien within 90 days of the completion of their work or materials delivery. Subcontractors also must serve a Preliminary Notice within 60 days of starting work to preserve their right to file the lien.
Failure to adhere to these time limits will result in the loss of the right to file a lien, and in some cases, may lead to penalties. It’s critical for those involved in construction projects to track deadlines carefully and ensure that all necessary documents and notices are submitted on time to protect their rights to secure payment.
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!
