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

Date Labor or Materials Last Delivered

Description of Labor

Brief Description of Labor/Material Provided

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

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 | Legal Associate

Are you required to send a prelim notice for work completed in Washington state if you only supplied labor?

For Washington public projects, preliminary notices will only be required for those who have been hired by someone other than the project's direct contractor. So, if your customer is the direct contractor, notice generally won't be required. For all other parties, preliminary notice should typically be sent. However, if you're only providing labor to the project, then preliminary notice is generally not required. That's true for both public and private projects. Further discussion on WA preliminary notices, here: Washington Preliminary Notice FAQs. With that being said, there are a variety of benefits for sending preliminary notice, regardless of what's required. Levelset discusses that here: Why You Should Send Preliminary Notice Even If It’s Not Required.

Answered by Matthew Viator | Senior Legal Associate

When does a subcontractor have to provide a model disclosure form to the owner in Washington ?

The preliminary notice requirements for Washington mechanics liens can be a bit confusing. Let's break down the two types of notices, and how they apply to a residential remodel project.

Model Disclosure Statement requirements

For residential remodel projects over $1,000 in Washington, the Model Disclosure Statement is required from anyone who contracted directly with the property owner before work begins. Subcontractors are not required to do so.

Washington Notice to Owner requirements

As for subcontractors on residential remodel/repair projects, they are required to send a Notice to Owner to secure their lien rights. For full mechanics lien protection, this must be delivered to the property owner within 60 days of first furnishing labor or materials to the project. This notice can be delivered late, but the lien rights will only cover labor and materials provided 60 days prior to the receipt of the notice, and everything thereafter. Failure to provide this notice will preclude the claimant from filing a lien. The only exception to these requirements is if the claimant only provided labor to the project. Which may not seem like it applies since the subcontractor provided labor and materials. But, this is an interesting aspect of Washington lien laws. There is a scenario where a contractor furnished labor and materials, but didn't send a Notice to Owner. The contractor may still file a lien, but the amount will be limited to the value of the labor performed, and cannot include any materials. Here are some other resources you may find helpful:

Answered by Alex Benarroche | Legal Associate

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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.