Washington Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Washington does not require specific forms to be used for lien waivers in order to be effective.
Notarization Not Required
Washington lien waivers do not need to be notarized.
Can Waive Rights in Contract
Washington has no specific prohibition on waiving future lien rights through contract.
Can Waive Rights Before Payment
Washington has no specific prohibition on waiving lien rights prior to payment.
Lien waivers are exchanged on Washington construction projects whenever payment exchanges hands. Accordingly, lien waivers re some of the most common documents found on Washington construction projects.
Washington is not one of the 12 states with statutory forms that must be used in order for alien waiver to be effective. This means that construction participants in Washington can use whatever form they want, with whatever language they feel is appropriate to contain. Since lien waivers are not regulated in Washington, it can be easy for Washington lien wavier language to include clauses that may waive more than the signer intends.
Many states don’t allow parties to waive lien rights either in their contract, or even prior to receiving payment. This is not the case in Washington, however. Since Washington does not strictly prohibit advance waiver of lien rights, it’s even more important than usual for construction participants to carefully examine their contract, to make sure it doesn’t contain a “no-lien” clause. And, to examine any requested waiver to make sure that the only lien rights being waived are for work that has already been paid for.
