Washington Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Washington.

COMMERCIAL:

  • Upfront Notice:
    • Notice to Owner: (Notice of Right to Claim a Lien)
      • Required within 60 days of your first delivery or work on the job.
  • Follow-up Notice (if not paid):
    • Notice to Lender: (Stop Notice)
      • This optional notice is essentially a “Stop Notice”. It instructs the Lender to withhold the amount of funds necessary to cover the claim, unless a bond is posted covering these amounts.
      • This notice is required between 5 days of the due date of the amount owed and 35 days of the due date. It is sent by certified mail to the lender, owner and prime contractor.
      • This notice is only effective on undisbursed funds.
      • It’s important to follow the date requirements above. “Any potential lien claimant shall be liable for any loss, cost, or expense, including reasonable attorneys’ fees and statutory costs, to a party injured thereby arising out of any unjust, excessive, or premature notice….”

RESIDENTIAL:

  • Upfront Notice:
    • Notice to Owner: (Notice of Right to Claim a Lien)
      • For existing residential construction, this notice is required within 60 days of your first delivery or work on the job.
        • Lien rights are limited to money not yet paid to the prime contractor at the time the notice is received (defined as actual receipt or 3 business days after mailing by certified mailing). Therefore, this notice should be sent as soon as possible.
    • For new construction of a single-family residence, this notice is required within 10 days of your first delivery or work on the job.
    • BICA assumes the 10-day deadline on all Washington residential jobs.

PUBLIC:

  • Upfront Notice:
    • Notice of Furnishing and Right of Retainage Lien
      • In order to retain lien rights on the retainage amount of a contract, this notice is required within 60 days of first delivery.
      • For a supplier to a subcontractor to retain rights to the bond, the Notice of Furnishing is required within 10 days of first delivery.
      • BICA will send a “combo” notice covering both required notices, using the 10-day deadline on all public jobs.
  • Follow-up Notice: (if not paid)
    • Notice of Bond Claim:
      • Required within 30 days of the final completion and acceptance of the project.
      • This notice is available on BICA’s member portal.

You can find more resources on the process of filing mechanic’s liens and preliminary notices throughout our site. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.