
If you have not been paid for labor, services or materials furnished on a construction project in Washington, you may be able to collect the money you are owed by filing a mechanic’s lien (also referred to as a claim of lien). You can file a mechanic’s lien claim on your own, or call upon an attorney or mechanic’s lien service to help you navigate the paperwork and process.
Step 1: Determine If You Are Qualified To File A Mechanic’s Lien
Not everyone is entitled to file a mechanic’s lien. The services, materials or labor you furnish to a construction project must qualify for protection under Washington’s lien laws. Liens are authorized by RCW 60.04.021 for any person furnishing labor, professional services, materials, or equipment for the improvement of real property. The trick is determining whether your construction project is a qualifying improvement, which is defined by RCW 60.04.11(5):
“Improvement” means: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs, plants, hedges, or lawns, or providing other landscaping materials on any real property; and (c) providing professional services upon real property or in preparation for or in conjunction with the intended activities in (a) or (b) of this subsection.
Suppliers to suppliers are not protected.
Step 2: Confirm You Preserved Your Mechanic’s Lien Rights
In Washington, most construction participants must deliver some type of notice to preserve their rights to file a mechanic’s lien.
Those who did not contract with the property owner must deliver a “Notice to Owner” within 60 days of first furnishing labor or materials to the project. If you did not send a preliminary notice on time, but have furnished labor or materials within 60 days, there are some protections for those who sent late notices as to labor and materials furnished within a 60 day period from when the notice is sent.
While most notice requirements are for those who did not contact with the property owner, in some circumstance, those who did contract with the owner must provide a “Model Disclosure Statement” before commencing work to preserve their lien rights. This is required on select residential and commercial projects. You can learn more about this requirement at this post: Deliver the Model Disclosure Statement in Washington…Or Else
If you furnished these notices, you’re in luck, and you’ve preserved your right to file a mechanic’s lien. If you haven’t furnished the requisite notice, you may not have lien rights.
Step 3: Produce The Mechanics Lien Document With Required Content
Now it’s time to produce the mechanic’s lien form. Washington has strict requirements about what your mechanic’s lien must contain (see RCW 60.04.091) Here are a few:
- Identification of the party who hired you
- Description of the labor, materials or services furnished to the project
- Legal Property Description
- Identification of the Property Owner
- Date services first and last furnished
- Amount due and unpaid to you
The statute itself proscribes a form to use to file a Washington mechanic’s lien. Download the form for free here: Free Washington Mechanic’s Lien Form.
The most challenging part of completing this form is to insure you have the proper legal property description for the property being liened, as this is an absolute requirement for your lien to be valid in Washington.
Step 4: Timely Record The Washington Mechanic’s Lien with the Proper Auditor’s Office
The next step is to timely record your Washington mechanic’s lien. Washington requires all parties to record their mechanic’s lien within 90 days after last furnishing services, labor or materials to the project. The courts will not accept any excuses for a late filing. If you record a tardy mechanic’s lien , it will be void.
The Washington mechanic’s lien – statutorily referred to as a “Claim of Lien” – must be recorded in the county auditor’s office where the construction project itself is located. If a project is situated in two counties, it must be recorded with both auditor offices.
Step 5: Send Notice Your Mechanic’s Lien Was Recorded
Washington requires all mechanic’s lien claimants to serve a copy of the mechanic’s lien on the property owner within 14 days of recording. While the failure to serve the lien will not invalidate it, it will disqualify you from recovering your attorney fees in any action to enforce the lien (Washington law typically allows lien claimants to recover their attorney fees). So, not having the lien served can be an expensive oversight.
The mechanic’s lien must be served on the property owner by certified or registered mail, or by personal service.
Step 6: Foreclose On Your Washington Mechanic’s Lien
Mechanic liens in Washington (or elsewhere) do not remain effective and encumbering against a property forever (See: Does A Mechanic’s Lien Cloud Title Forever?).
In Washington, mechanic liens must be enforced within 8 months from the date the lien was recorded. To learn more about lien foreclosure, read this tag: Foreclosures.




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