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Could a General Contractor request 1 waiver from their vendor that listed multiple lots of a single development?

WashingtonLien Waivers

We are a GC in the State of Washington and we work on both apartment complexes and neighborhood developments. We have usually sent 1 waiver that lists all lots or units worked on by the single vendor, but we are curious to know if that should be split up for legal purposes?

1 reply

Dec 4, 2019

Washington doesn't regulate mechanics lien waivers like it does notices and mechanics liens. So, while there are plenty of rules surrounding mechanics liens and notices, there aren't really any statutory rules that apply for the exchange of waivers. As a result, lien waivers really just act like simple contracts - and parties are generally free to contract how they want to. Ultimately, a contractor for a Washington construction project could elect to simply collect lien waivers that apply to all of the associated lots for the given project. It's probably not a good idea to utilize one single waiver for multiple, separate projects at different locations. But, for work being done across multiple lots on a single development, using a lien waiver that identifies all of the relevant properties and waives lien rights in one fell swoop is likely acceptable.

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