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Subcontractor Preliminary Notice Coverage

Hello, We are a material supplier in Washington state. If we create a preliminary notice for a subcontractor, then deliver the notice to the general contractor and the owner of the property have we satisfied the notice requirement for the general contractor as well? That is, if the general orders material for the same project as the subcontractor do we need to send an additional notice for the general?

1 reply

Mar 8, 2019

Generally, if labor or materials are provided pursuant to different contracts (and to different customers) different preliminary notices are required. While there may be arguments that a subsequent lien wouldn't be invalidated by the delivery of one preliminary notice (if it went to all required parties) for materials provided to the same property for the same project but to different customers, sending an additional notice specifying the new delivery of materials to a different customer is a best practice.

Note, however, that "subcontractors who contract for the improvement of real property directly with the prime contractor" on all projects other than owner-occupied residential projects are not specifically required to provide preliminary notice pursuant to § 60.04.031(2)(c).

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