Washington Notice to Owner (Preliminary Notice) Form
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Subcontractors and suppliers can use this free Washington Notice to Owner form to fulfill their requirements to send a Notice to Owner on private construction projects in Washington.
The Washington Notice to Owner — also known as a Notice of Right to Claim Lien — is a type of preliminary notice. It is used on construction projects to protect the right of a subcontractor or supplier to file a mechanics lien in Washington if unpaid for work or materials.
Washington state requires subcontractors and suppliers to send a Notice to Owner within 60 days of first providing labor or supplies to a construction or renovation project. Note that on new construction projects for single family residences, notice must be sent within 10 days of first providing labor or materials.
Washington requires parties to send the Notice to Owner by certified or registered mail, or personally served on the owner. If you personally deliver a Washington Notice to Owner, you must get a signed receipt from the owner or provide an affidavit of service. Washington considers the notice served 3 days after the date of mailing.
Prime contractors in Washington have a different preliminary notice requirement. Prime contractors who work on residential properties with 4 or fewer units must provide a Model Disclosure Statement.
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
If you did not contract with the owner, a Preliminary Notice of Lien Rights must be delivered within 60 days from first furnishing labor or materials to the project. This is the general rule in Washington and applies to all projects except the construction of a new single-family residential home. If you miss the required date and deliver the Notice to Owner late, all is not necessarily lost. A late Notice will protect your lien rights for 60 days prior to the date the Notice was delivered.
After completing the Washington Notice to Owner (Preliminary Notice) 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.
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
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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