Washington Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under R.C.W. Chapter 60.04 — Private Works, Payment Bonds, Retainage Mechanic Liens & Public Projects
Washington mechanic lien deadline table with toggles for project type and claimant type.
Washington Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Not required for prime contractors in privity with the owner.
On residential repair or remodel projects over $1,000, the prime contractor must serve a Notice to Customer on the owner at the time the contract is signed. Failure to do so affects lien rights and bars recovery in court.
Record the Claim of Lien with the county auditor within 90 days after last furnishing labor, materials, or equipment. Serve a copy on the owner within 14 days of recording.
Commence an action to foreclose the lien within 8 months after recording the Claim of Lien.
Preliminary Notice
Not required for prime contractors in privity with the owner.
On residential repair or remodel projects over $1,000, the prime contractor must serve a Notice to Customer on the owner at the time the contract is signed. Failure to do so affects lien rights and bars recovery in court.
Mechanic Lien
Record the Claim of Lien with the county auditor within 90 days after last furnishing labor, materials, or equipment. Serve a copy on the owner within 14 days of recording.
Enforcement
Commence an action to foreclose the lien within 8 months after recording the Claim of Lien.
Washington Mechanic Lien Law Overview
Washington construction mechanic lien rights are governed by Washington Revised Code (R.C.W.) Chapter 60.04. This statutory framework provides Mechanic's Lien rights to contractors, subcontractors, and material suppliers who furnish labor, equipment, materials, or supplies for the improvement of real property in the State of Washington.
Washington requires a Notice to Owner as a prerequisite to mechanic lien rights for most claimants. For commercial and multi-family projects, the notice must be served on the owner and prime contractor within 60 days of first delivery. For single-family residences, notice must be given within 10 days of first delivery. Prime contractors need not give the 10- or 60-day notices during performance. Materialmen must send notice even if their contract is directly with the prime contractor.
All claimants must record a Claim of Mechanic Lien within 90 days after last performance, with a copy to the owner and prime contractor. Washington also provides a Notice to Real Property Lender mechanism under R.C.W. 60.04.221 to establish priority of mechanic lien rights over the lender's rights.
Washington public works projects provide two remedies: suit on the payment bond under R.C.W. 39.08, and a mechanic lien against retainage under R.C.W. 60.28. National Lien & Bond provides authoritative guidance on every aspect of Washington construction mechanic lien compliance.
Topics on This Page
Washington Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Washington construction mechanic lien law.
Notice Requirements
Notice to Owner for commercial (60-day) and residential (10-day) projects, Notice to Real Property Lender, and public works preliminary notice obligations
Mechanic Lien Deadlines
90-day Claim of Mechanic Lien filing deadline, service requirements, and Notice to Real Property Lender procedures
Mechanic Lien Enforcement Deadlines
8-month suit deadline, public works bond claims under R.C.W. 39.08, retainage mechanic lien under R.C.W. 60.28, and 6-year limitation
Frequently Asked Questions
What statute governs mechanic liens in Washington?
Mechanic liens in Washington are governed by R.C.W. Chapter 60.04. Public works bond claims are governed by R.C.W. Chapter 39.08, and retainage mechanic liens by R.C.W. Chapter 60.28.
Is a preliminary notice required to file a mechanic lien in Washington?
Yes, for most claimants. Commercial/multi-family: Notice to Owner within 60 days of first delivery. Single-family: within 10 days. Prime contractors are exempt during performance. Materialmen must send notice even if contracted with the prime.
What is the deadline to file a mechanic lien in Washington?
All claimants must record a Claim of Mechanic Lien within 90 days after last performance under R.C.W. 60.04.091. A copy must be served on the owner and prime contractor after recording.
How does Washington mechanic lien law differ from other states?
Washington has several unique features: different notice deadlines for commercial (60 days) vs. residential (10 days), the Notice to Real Property Lender mechanism for priority over lenders, an 8-month suit deadline, a public works retainage mechanic lien remedy separate from bond claims, and a generous 6-year outer suit deadline for bond claims.
What are the notice requirements for Washington public works bond claims?
Sub-subcontractors and materialmen must serve preliminary notice to the prime within 10 days of first performance (bond claims) or 60 days of first delivery (retainage). All claimants must file a Notice of Claim within 30 days (bond) or 45 days (retainage) after project completion and acceptance.
What is the deadline to file suit on a Washington public works payment bond?
Suit must be filed not less than 30 days after the Notice of Claim (for attorneys' fees) and not later than 6 years after final furnishing under R.C.W. 39.08.030. For retainage mechanic liens, suit must be filed within 4 months of the Notice of Claim under R.C.W. 60.28.030.