Is it state law in Washington to send a notice of a right to lien in Washington?
3 replies
Mar 19, 2020
Washington preliminary notice requirements
Under Washington's mechanics lien laws, subs and suppliers are required to send a Notice of Right to Claim Lien (also known as a Notice to Owner) within 60 days of first furnishing labor or materials to the project. However, if the project is for the new construction of a single-family residence, this notice must be sent within 10 days of first furnishing labor or materials.
Note: This notice may be sent late, but it will only protect lien rights for labor or materials provided in the 60 days prior to when the notice is delivered. As for the new construction of a single-family residence, it will only protect the 10 days prior to the delivery of the notice.
The notice needs to be sent by certified or registered mail to the property owner and, if you didn't contract directly with the prime contractor, to them as well. Failure to send a Notice of Right to Claim a Lien will be fatal to the claimant's lien rights.
Does this apply only to projects that are $60,000 or less?
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Mar 19, 2020
The limitation you're referring to, is related to yet another potentially required preliminary notice to secure mechanics lien rights in Washington.
Washington Disclosure Statement
This is a Model Disclosure Statement, also referred to as a Notice to Customer. This notice must be sent by general contractors, or any other party who has a direct contract with the property owner, on certain, specific projects before the commencement of the work. These projects include:
The project involves the repair or alteration of a residential property of 4 or fewer units where the bid was $1000+; or
Commercial projects where the bid falls in between $1,000-$6,000
For all other project participants on these types of projects, and all other Washington private projects in general, the above-mentioned notice rules apply.