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Does each townhome need to be protected individually to secure lien rights?

Washington
Anonymous Subcontractor

I'm a subcontractor working on a job that includes 100 townhomes in 10 buildings but the work was agreed on in one contract. The job is in Washington. Do I need to send a Notice of Right to Claim lien for each townhome or will one for the entire project ensure that I am protected?

2 replies

Levelset Admin at Levelset
| 1,003 reviews
Nov 2, 2021

Generally speaking, when work is being done across separate properties, the safest way to preserve lien rights will be to pursue separate claims. Levelset discusses that idea here: Filing a Lien on a Project with Multiple Properties.

Taking a quick look to WA's lien statute - it appears that multiple liens may be required when building separate residential units. RCW § 60.04.101 discusses the rules for pursuing liens against separate residential units, and it refers to the units having separate lien deadlines while also referring to multiple claims of lien. So, when there are multiple, separate residences being built - it appears that multiple liens may well be required.

Here's that section in full (with emphasis added) - and it may help you come to your own conclusion on the matter:

"RCW § 60.04.101 When furnishing labor, professional services, materials, or equipment for the construction of two or more separate residential units, the time for filing claims of lien against each separate residential unit shall commence to run upon the cessation of the furnishing of labor, professional services, materials, or equipment on each residential unit, as provided in this chapter. For the purposes of this section a separate residential unit is defined as consisting of one residential structure together with any garages or other outbuildings appurtenant thereto."

With that being said, I'm not a Washington construction lawyer, and a local lawyer should have more insight into the matter. They'll be able to do a legal review of your situation, then provide advice on how best to proceed. If you'd like to contact a WA attorney, here's a great directory: Top Washington Construction Lawyers

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The Notice must be sent to the owner of each property. If the property is all owned by one owner and has yet to be sold individually, then one notice to the owner should suffice.
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