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Notice Requirements of Subcontractors/Material Suppliers

Regarding Washington State notice requirements, are subcontractors required to send a notice to the property owner or prime contractor if they are contracted directly with the prime contractor? Is there a difference for material suppliers if providing material to a prime contractor? This question was raised after reviewing RCW 60.04.031 (2)(c) and RCW 60.04.031 (3)(b). It looks like section (3)(b) is only related to owner-occupied single-family properties. Our practice has been to send notices to all parties that have not contracted directly with our company.

1 reply

Mar 22, 2018

In Washington, subcontractors who contract directly with the prime contractor are only required to send a preliminary Notice to Owner on projects for the "repair, alteration, or remodel of an existing owner-occupied single-family residence or appurtenant garage." So, for commercial projects and the new construction of residential property, a preliminary notice is not strictly required for parties contracting with the owner or the prime contractor.

That being said, it's always best practice to send preliminary notices on all projects to promote visibility and open communication. Making sure you're visible and are providing additional information to the interested parties promotes the open flow of information and results in quicker payment and fewer problems.

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