Washington DC Preliminary Notice FAQs

A Washington Notice to Owner should be sent to both the property owner and the prime contractor. You can learn more about Washington's preliminary notice requirements with these resource: Washington Preliminary Notice FAQs.

Regarding lien waivers: Yes, Washington construction businesses are required to waive lien rights if payment has been made. This is laid out at RCW § 60.04.071, which states "Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the person making payment." And, if a party unjustifiably withholds a lien waiver, they could face having to pay damages and attorney fees for others.

It would be up to the Court to determine whether or not the preliminary notice was valid in these circumstances. However, I think that a Court could find that an owner had enough information to make a reasonable inquiry if the preliminary notice at least listed the contractor’s name and address to the owner could call them and ask questions. It could also be obvious if the contractor’s name gave an indication as to the type of work they do (i.e. Joe’s Plumbing, Best Electrical, etc.)

First, it's worth noting that California is a state that uses project completion, rather than last furnishing date, to set mechanics lien deadlines. CA equipment rental companies will have up to 90 days after completion of the overall project to file their lien claims. More discussion on that here: (1) When is the deadline to file a California Mechanics Lien?; (2) California Mechanics Lien Deadline | When Does the Clock Begin to Tick? ; and (3) Confusing Dates: What’s the Difference Between Date of Last Furnishing and Date of Substantial Completion?

Still, for determining last furnishing in other situations and states: A given project's last furnishing date is tied to when the labor, materials, or equipment were last furnished to the project, not to the relevant contract terms. So, if some equipment comes back early, the deadline should generally still be based on when the equipment was last used at the project site.