Washington Mechanics Lien Form

If contractors and suppliers don’t get paid on a construction project in Washington, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that ensures an unpaid party with a security interest in the property. First you need to ensure that you are one of the parties that is entitled to mechanics lien rights in Washington. These parties include: contractors, subcontractors, material suppliers, equipment lessors, design professionals, and landscape gardeners for the improvement of real property. In addition, Washington requires builders to register and to obtain a certificate of registration. If you are a "builder" and failed to obtain a certificate of registration, you lose your right to claim and enforce a lien. If you are considered one of the approved parties that is eligible to file a mechanics lien in Washington, the lien must be in the proper format and filed in the county recorder's office of the county where the property is located within the required timeframe. For this, you may want to consult our Step-by-Step Guide on How to File a Washington Mechanics Lien.

Deadlines with respect to notices and lien claims are generally crucial, and missing the deadlines usually results in the inability to file a valid and enforceable mechanics lien. In Washington, a preliminary notice is required to be provided by parties who do not contract directly with the property owner. In order to be fully protected, the notice must be provided within 60 days fo first furnishing labor or materials to the project. However, the notice can be provided "late" and still protect the claimant for the value of the labor or materials provided starting 60 days prior to the date of which the notice was delivered. And, if only labor was provided (and no materials) there is no specific requirement to provide a preliminary notice. In fact, if both labor and materials are provided, it may be possible to file a lien for the labor portion of the work without a preliminary notice. With respect to the lien itself, the deadline is much less forgiving. The deadline to file a mechanics lien is 90 days from the last date the claimant furnished labor or materials to the project, and it’s impossible to change the mechanics lien deadline by contract or agreement – it is what it is. If this deadline is missed, so is the chance to file an enforceable mechanics lien. However, if the ability to file a mechanics lien has passed, there may still be avenues to get paid. A lawsuit could potentially be filed, whether for breach of contract, or some other cause of action. Or, the assistance of a collections firm could potentially be used.