Construction Liens in Washington
Contents
Overview
Construction liens in Washington are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Washington Revised Statutes.
Crop lien for furnishing work or labor: RCW 60.11.040.
Sources
Wash. Rev. Code §§ 60.04.011 et seq.
Authorized Claimants
For the purposes of construction of any improvement upon real property at the instance of the property owner or construction agent of the owner, the following people may file a construction lien:
- Any person performing labor related to the construction;
- Any person providing supplies or materials to be used in the construction;
- Any person renting, leasing, or otherwise supplying of equipment for the construction; or
- Any person surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property.
Lien Priority
A perfected claim of lien shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of materials or equipment by the lien claimant.
Notices and Registries
Pre-claim notice is required depending on the project and the relationship between the lien claimant and the owner of the property. Pre-claim notice may be given at any time. However, pre-claim notice must be given within 60 days of starting work in order to preserve the lien right for all work on the project. Pre-claim notice given after 60 days will only preserve lien rights for a portion of the work.
Specific to new construction of residential projects, the pre-claim notice must be given within ten (10) days of starting work to preserve the lien right. Lien rights are only protected for the amounts the owner has not yet paid when the notice is received.
Additional pre-claim notice may be required of persons providing professional services for construction.
Perfecting a Lien
A construction lien shall be perfected not later than ninety (90) days after ceasing to furnish labor, professional services, materials, or equipment.
To perfect a construction lien, a claim must be filed with the recording officer of the county in which the real property is located.
The claim must contain:
- The name, phone number and address of the claimant;
- The first and last date on which labor, services, materials or equipment were furnished;
- The name of the person indebted to the claimant;
- The street address, legal description or other description reasonably calculated to identify the location of the subject property;
- The name of the owner of the property; and
- The principal amount of the lien.
The claim must also include a verified oath by the claimant or someone authorized to act on their behalf to the truth and accuracy of the claim by penalty of perjury.
A copy of the claim must be given to the owner of the property within fourteen (14) days of the time the claim is filed for recording.
Enforcement Deadlines
No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time in the superior court in the county where the subject property is located to enforce the lien, and service is made upon the owner of the subject property within ninety days of the date of filing the action; or, if credit is given and the terms thereof are stated in the claim of lien, then eight calendar months after the expiration of such credit; and in case the action is not prosecuted to judgment within two years after the commencement thereof, the court, in its discretion, may dismiss the action for want of prosecution, and the dismissal of the action or a judgment rendered thereon that no lien exists shall constitute a cancellation of the lien (RCW Section 60.04.141)
Releases
Upon payment and acceptance of the amount due, the lien claimant shall immediately prepare and execute a release and deliver it to the person making payment.
The lien release should, a) be recorded with the county where the property is located; b) reference the original lien recording document information and property that is subject to the lien; c) state that the lien is paid in full and that the lien is released; and d) be signed by the original lien claimant.
