What are the mechanics' lien deadlines in Washington State?
On private work in Washington, anyone who furnishes labor, materials or equipment at the owner's instance has a lien for the contract price. A claim of lien is recorded within 90 days after you stop furnishing, a copy goes to the owner within 14 days, and the foreclosure action is filed within 8 months.
The lien, in order
- It may be given at any time but protects only what was supplied after the date 60 days before it is mailed by certified or registered mail, or delivered personally with a signed receipt or an affidavit of service (RCW 60.04.031(1)).
- The claim of lien is recorded within 90 days after you last furnish labor, services, materials or equipment. The recording period is a period of limitation, and no action to foreclose may be maintained on a claim not recorded within it (RCW 60.04.091).
- A copy goes to the owner within 14 days of filing it for recording.
- The action to enforce it is filed within 8 months of recording. Without the action and service in time, the lien no longer binds the property (RCW 60.04.141).
On a public work there is no lien on the land: the claim is on the retainage and the contractor's bond.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| When furnishing professional services, materials or equipment without a contract with the owner or the prime contractor, give the owner notice of the right to claim a lien, since it protects only what was supplied from 60 days before it | 60 daysRCW 60.04.031(1)-(4), (6), 60.04.035 | the claim is barredMissed claims |
| Record a notice of claim of lien in the county where the property is located within 90 days after you last furnished labor, professional services, materials or equipment | 90 daysRCW 60.04.021, 60.04.081, 60.04.091, 60.04.101, 60.04.131 | the claim is barredMissed claims |
| Give the owner a copy of the claim of lien by certified or registered mail or personal service within 14 days of filing it for recording | 14 daysRCW 60.04.091 | the costs cannot be recoveredMissed claims |
| File an action to enforce the lien in the superior court of the county where the property is within 8 calendar months after recording the claim, and serve the owner within 90 days of filing it | 8 monthsRCW 60.04.141 | the claim is barredMissed claims |
| As prime contractor on a project costing more than USD 5,000, post a legible notice in plain view at the jobsite for the whole project with the property, owner and prime contractor details and the construction lender or payment bond surety | none setRCW 60.04.011(12), 60.04.230, 60.04.261 | a breach of contractLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
When furnishing professional services, materials or equipment without a contract with the owner or the prime contractor, give the owner notice of the right to claim a lien, since it protects only what was supplied from 60 days before it
RCW 60.04.031(1)-(4), (6), 60.04.035 · 60 days · the claim is barred
- Not required of a person contracting directly with the owner or its common law agent, of a laborer claiming only for labor, or of a subcontractor contracting directly with the prime contractor (RCW 60.04.031(2)).
- It may be given at any time but protects only what was supplied after the date 60 days before it is mailed by certified or registered mail, or delivered personally with a signed receipt or an affidavit of service (RCW 60.04.031(1)).
- For new construction of a single-family residence the look-back is 10 days, and repair of an existing owner-occupied residence has its own rules (RCW 60.04.031(1), (3)).
Record a notice of claim of lien in the county where the property is located within 90 days after you last furnished labor, professional services, materials or equipment
RCW 60.04.021, 60.04.081, 60.04.091, 60.04.101, 60.04.131 · 90 days · the claim is barred
- Any person furnishing labor, professional services, materials or equipment for the improvement of real property at the instance of the owner, its agent or its construction agent has a lien for the contract price (RCW 60.04.021).
- The notice states the claimant, the first and last dates of furnishing, the person indebted, the property, the owner if known and the principal amount, and is signed under penalty of perjury and acknowledged (RCW 60.04.091(1), (2)).
- The recording period is a period of limitation, and no action to foreclose may be maintained on a claim not recorded within it (RCW 60.04.091).
Give the owner a copy of the claim of lien by certified or registered mail or personal service within 14 days of filing it for recording
RCW 60.04.091 · 14 days · the costs cannot be recovered
- Failing to give the copy in time forfeits any right the claimant has to attorneys' fees and costs against the owner under RCW 60.04.181 (RCW 60.04.091).
File an action to enforce the lien in the superior court of the county where the property is within 8 calendar months after recording the claim, and serve the owner within 90 days of filing it
RCW 60.04.141 · 8 months · the claim is barred
- Without the action and service in time, the lien no longer binds the property (RCW 60.04.141).
- An action not prosecuted to judgment within two years may be dismissed for want of prosecution at the court's discretion, and the dismissal cancels the lien (RCW 60.04.141).
As prime contractor on a project costing more than USD 5,000, post a legible notice in plain view at the jobsite for the whole project with the property, owner and prime contractor details and the construction lender or payment bond surety
RCW 60.04.011(12), 60.04.230, 60.04.261 · none set · a breach of contract
- The notice shows the legal description or tax parcel number and street address, the owner's name, address and phone number, the prime contractor's business name, address, phone number and current state contractor registration number, and either the office of the lender administering interim construction financing or the surety on a payment bond for at least 50% of the project (RCW 60.04.230(1)).
- Failure exposes the prime contractor to a civil penalty of up to USD 5,000, payable to the county where the project is (RCW 60.04.230(3)).
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.