In Washington, contractors and suppliers who are not paid for their work on construction projects can file a mechanics lien to secure payment. A mechanics lien in Washington State provides unpaid parties a legal claim on the property, ensuring they can recover the money owed for labor, services, or materials.
A Washington state mechanics lien must be filed within 90 days of the last day labor or materials were provided. The lien serves as a legal tool to place a hold on the property, making it difficult for the owner to sell or refinance the property until the lien is resolved. The lien must include essential information such as the claimant’s name, the hiring party, a description of the property, the amount owed, and details about the work or services provided.
Eligibility for filing a mechanics lien in Washington includes contractors, subcontractors, material suppliers, equipment lessors, design professionals, and landscape gardeners involved in real property improvements. Construction managers and suppliers to suppliers, however, are not eligible. Additionally, Washington requires contractors to be registered and licensed to enforce a mechanics lien. Unlicensed contractors are not permitted to file a lien.
After filing the lien, it must be served on the property owner within 14 days. If payment is still not received, the lien can be enforced through a lawsuit within 8 months from the recording date. Timely enforcement is crucial to maintaining the lien’s validity. Upon receiving payment, the claimant must promptly release the lien to avoid legal consequences, as holding an expired lien could result in penalties.
The Washington lien laws are strict, and the mechanics lien must also be notarized to be valid. The lien must be filed with the county auditor’s office where the job site is located. With numerous counties in Washington, each may have specific rules and recording fees. However, many counties now accept electronically recorded liens, simplifying the process.
For those who want to ensure their rights to file a lien, Washington requires subcontractors and suppliers to send a Notice of Right to Claim Lien (also known as a Notice to Owner) within 60 days of first providing labor or materials. For new construction involving single-family residences, this notice must be sent within 10 days. This preliminary notice is critical in protecting the claimant’s lien rights.
The steps to file a Washington state mechanics lien are specific and must be followed carefully. The claimant must prepare a valid lien form that includes all the required details, such as furnishing dates, the hiring party, and a detailed property description. Once the lien is prepared, it must be recorded in the county where the property is located within the 90-day deadline. The lien must also be served to the property owner by certified mail or personal service within 14 days of filing.
If the lien remains unpaid, a lawsuit can be filed to enforce the lien within 8 months. Successful enforcement may allow the claimant to recover attorney fees and other costs. If the lien is satisfied, a release must be filed to remove the lien from public records.
At CRM Lien Services, we specialize in filing and enforcing mechanics liens in Washington State. Our team ensures compliance with Washington lien laws, manages paperwork and deadlines, and serves notices to secure payment for contractors and suppliers. We aim to help construction professionals protect their financial interests and recover payments efficiently.
