Home>Levelset Community>Legal Help>A preliminary notice for a project in Washington was sent in June, The materials did not arrive until January 21st 2019 and the preliminary requirements state within 60 days of materials being on site do I need to resend preliminary notice?
A preliminary notice for a project in Washington was sent in June, The materials did not arrive until January 21st 2019 and the preliminary requirements state within 60 days of materials being on site do I need to resend preliminary notice?
We are a subcontractor to the GC we supply materials as well as install both are on the same contract right now.
1 reply
Jan 28, 2019
That's a good question. First - let's clarify the Washington notice requirements. For those hired by someone other than the owner, a Notice to Owner will be required. For the new construction of a single family home, that notice must be made within 10 days of first providing labor or materials. For all other projects, it must be sent within 60 days of first furnishing. But the question remains - is notice sent months early effective in Washington? Under §60.04.031 of the Washington mechanics lien statute, "The notice may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty days before..." sending the notice by certified or registered mail or personally delivering the notice. As for the new construction of single family residences, similar wording applies "...the notice of a right to claim a lien may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date which is ten days before the notice is given as described in this subsection." Thus, by the letter of the Washington mechanics lien statute, it would appear that notice sent early would still preserve the right to lien. Of course, preliminary notices have value far beyond their preservation of potential lien claims - and when utilized properly, they even help to prevent payment disputes in the first place. So, for a party who has provided particularly early notice, it might be worth reminding the recipients of the work to be performed. For more on Washington lien and notice rules, this resource should be valuable: Washington Lien & Notice FAQs.