Washington Model Disclosure Statement Form

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Get help filing your Washington Preliminary Notice

Washington contractors who have a contract with the property owner can use this free Model Disclosure Statement form to protect their right to file a lien if unpaid.

Prime contractors must provide a type of preliminary notice in Washington known as a Model Disclosure Statement form prior to starting work on a construction project.

The Model Disclosure Statement is a type of preliminary notice. It is used on construction projects to protect a direct contractor’s right to file a mechanics lien in Washington if unpaid for work or materials.

This disclosure statement is given to the consumer (customer) from the contractor showing they are registered in the state of Washington. It provides a warning that the contractor may file a mechanics lien if the customer does not pay for the work or materials. The consumer (customer) must sign this form as acknowledgment of receipt.

Note that contractors must “retain a signed copy of the disclosure statement in his or her files for a minimum of three years.” They must provide a signed or electronic signature copy of the disclosure statement to the Washington Department of Labor and Industries upon request.

This form meets the requirements set forth in Washington Statute Chapter 60.04 – Mechanics’ and Materialmens’ Liens.

Rules and regulations for sending a Washington Preliminary Notice

Deadline for Property Owner / Public Entity to send the Washington Preliminary Notice

1 days after

First Furnishing Date

Statutory Model Disclosure Statement should be provided to the customer immediately prior to beginning work.

Information that goes on Washington Preliminary Notice

Washington Registration No.

Please provide your Washington Registration number indicating you are registered with the Department of Labor and Industries in Washington.

Washington Bond Amount

Please indicate the amount of your Washington bond filed with the Department of Labor and Industries

Date Labor or Materials First Delivered

This is the first date you were on the project working or the first date you delivered material to the project.

Date Labor or Materials Last Delivered

This is the last date you were on the project working or the last date you delivered material to the project.

Description of Labor

Describe your contribution to the project as if you’re speaking to someone who isn’t in the construction industry. For examples, go to levelset.com/description-of-labor

Who should you send this notice to?

Mail to the Property Owner / Public Entity with Affidavit of Service

After completing the Washington Model Disclosure Statement Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about Washington Preliminary Notice

Who do I need to send my preliminary notice to?

For subcontractors who were hired directly by the general contractor, a Washington Notice to Owner is only required to be sent to the property owner to secure lien rights.

And, just to cover the basics here, it should be sent by registered or certified mail within 60 days of first furnishing labor and/or materials to the project (10 days if the project is a new construction of an owner-occupied single-family residence). Sending this notice late isn't fatal to lien rights, but it will limit the amount of lien protection on the project.

For a full breakdown: WA Notice to Owner: Why, Who, What, When & How

One last thing to note, although it's not required to be sent to the GC for lien purposes, sending one anyways has its benefits. It helps show that you are informed of your rights, serious about payment, and tends to get contractors paid faster.

See: These Three Tips Will Get Construction Companies Paid Faster

Answered by Alex Benarroche | Levelset Admin

Washington State Mechanics Lien Question

This is correct, a Notice to Owner is typically required to be sent prior to filing a Washington mechanics lien. The only exception woul d be parties who only provided labor and no materials to the project. For full protection, this notice should be sent within the first 60 days of furnishing labor and materials to the project. Late notice will still be valid, but it only covers labor and materials furnished 60 days prior to delivery of the notice, and everything thereafter. According to your timeline, this may be an option, but the amount that can be claimed will be limited.

If this doesn't seem worth it, there are other remedies for you to recover payment. You can still have claims against the GC for breach of contract and unjust enrichment. Furthermore, depending on the amount in dispute, you may be able to bring these actions in WA small claims court.

For more on these remedies, see: Can't File a Lien? Here Are Some Other Options for Recovery

Good luck!

Answered by Alex Benarroche | Levelset Admin

I can't find this on your website?....

We've got you covered. Wash. Rev. Code §60.04.031 is the statute that regulates the notices of right to claim lien. This statute also specifies what these forms should look like and contain. The required title of the notice is "Notice to Owner" so that's how we've referred to it on our website. Here are some resources covering the notice:

Answered by Alex Benarroche | Levelset Admin

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Other forms to use in Washington

Washington Final Conditional Lien Waiver Form

Washington Final Unconditional Lien Waiver Form

Washington Mechanics Lien Form

Washington Mechanics Lien Release Form

Washington Model Disclosure Statement Form

Washington Notice of Intent to Lien Form

Washington Notice to Contractor Form

Washington Notice to Owner (Preliminary Notice) Form

Washington Partial Conditional Lien Waiver Form

Washington Partial Unconditional Lien Waiver Form

Washington State or County Bond Claim Form

Washington Stop Notice Form

Washington County Recorders

Looking to file/record a mechanics lien in Washington? You'll need to get your Washington mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Washington. Click on any county to find more information about how to get your lien recorded in that county.