Washington Notice to Contractor Form
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Subcontractors and suppliers in Washington can use this Notice to Contractor form to send notice to the general contractor and retain the right to file a mechanics lien or make a bond claim.
On private projects, any party who doesn’t have a contract with the owner or general contractor must provide the GC with a Washington preliminary notice. This is in addition to their Notice to Owner requirement.
On public projects, Washington requires any party furnishing materials, supplies, or provisions to any subcontractor to send preliminary notice to the general contractor to preserve the right to make a bond claim in Washington.
On a public works project in Washington Public Works Project, contractors who do not have a contract with the general contractor must send a Notice to Contractor form to preserve their right to make a claim against the bond, including to make a claim for the retainage. The notice must be sent to the prime contractor. If you contracted with a sub or sub-sub, the notice must be sent to the prime within 10 days of furnishing labor/materials. Otherwise, all other claimants must sent within 60 days of furnishing labor/materials.
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
On a Washington Public Works Project, a notice must be sent to preserve your claim against the bond, and against the retainage. The notice must be sent to the prime contractor.
If you contracted with a sub or sub-sub, the notice must be sent to the prime within 10 days of furnishing labor/materials. This marks the end of 10-days from when you first furnished labor/materials.
If this deadline has passed, you may still want to send the preliminary notice, as those notices given after the 10-day period may be effective as to materials subsequently delivered. Cascade Lumber & Shingle Co. v. Wright, 99 Wash. 421, 169 P. 833 (1918).
After completing the Washington Notice to Contractor 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?….
Are you required to send a prelim notice for work completed in Washington state if you only supplied labor?
When does a subcontractor have to provide a model disclosure form to the owner in Washington ?
Model Disclosure Statement requirementsFor 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 requirementsAs 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:
Ask a construction lawyer about a Washington Preliminary Notice
Other forms to use in Washington
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.
620 Market St
Prosser, Washington, 99350
350 Orondo Avenue
Wenatchee, Washington, 98807
1300 Franklin St
Vancouver, WA 98660
207 4th Ave. N
Kelso, Washington, 98626
1016 N. 4th Ave.
Pasco, Washington, 99301
35 C St. NW
Ephrata, Washington, 98823
100 W Broadway Suite 2
Montesano, Washington, 98563
Phone: (360) 964-1557
P.O. Box 5000
Coupeville, Washington, 98239-5000
1820 Jefferson Street
Port Townsend, Washington, 98368
500 Fourth Avenue Room 311
Seattle, WA 98104
619 Division St
Pt. Orchard, Washington, 98366-4687
205 W 5th AVE Suite 105
Ellensburg, Washington, 98926
Phone: 509) 962-7504
351 NW North Street
Chehalis, Washington, 98532
450 logan st
Davenport, Washington, 99122
P.O. Box 400 411 N 5th Street
Shelton, Washington, 98584
Phone: 360) 427-9670
Fax: (360) 427-1753
300 Memorial Dr
South Bend, Washington, 98586
Phone: (360) 875-9318
625 W 4th Street
Newport, Washington, 99156
Phone: (509) 447-6474
2401 S 35th Street, ROom 200
Tacoma, WA 98409
350 Court Street
Friday Harbor, Washington, 98250
Phone: 360) 378-2161
700 s. second st administration building, room 201
Mt Vernon, Washington, 98273
Phone: 3603369420 ext 3
240 NW Vancouver Ave Attn: Recording
Stevenson, Washington, 9864
Phone: (509) 427-3730
Fax: (509) 427-3740
3000 Rockefeller Avenue, M/S 204
Everett, WA 98201
ATTN: RECORDING 1116 West Broadway Avenue
Spokane, WA 99210
215 South Oak Street
Colville, Washington, 99114
2000 Lakeridge Dr. SW
Olympia, Washington, 98502
Second Floor, Rm 201 - 315 West Main St
Walla Walla, Washington, 99362
Phone: 509-524- 2549
311 Grand Avenue, Suite 103
Bellingham, Washington, 98225
Phone: 360-778-5100 press 2
400 N. Main Street Attn: Recording
Colfax, Washington, 99111
Phone: (509) 397-6270
128 N 2nd St, Room 117
Yakima, Washington, 98901
Phone: 509) 574-1330
Fax: 509) 574-1341