Washington Mechanic Lien Enforcement Deadlines

Private Works — 8-Month Suit Deadline

Under Washington law, a mechanic lien claimant must file suit to foreclose the Mechanic's Lien within 8 months after the Claim of Mechanic Lien is recorded. Failure to commence suit within this period will result in the expiration of the mechanic lien.

The 8-month period begins to run from the date the Claim of Mechanic Lien is recorded with the county, not from the date of last furnishing. Claimants should calendar the enforcement deadline immediately upon recording the mechanic lien.

Public Works — Payment Bond Claims (R.C.W. 39.08)

Washington public works projects require payment bonds under R.C.W. Chapter 39.08. Subcontractors to the prime contractor must file a Notice of Claim on Bond with the public authority within 30 days after completion of the contract with formal acceptance of the project. R.C.W. 39.08.030.

Sub-subcontractors providing materials and labor, and materialmen to subcontractors, must serve a Preliminary Notice of Claim on Bond to the prime contractor within 10 days after first performance (R.C.W. 39.08.065), and then file a Notice of Claim on Bond with the public authority within 30 days after project completion and acceptance.

Public Works — Bond Claim Suit Deadline (R.C.W. 39.08.030)

Suit on the public works payment bond must be filed not less than 30 days after the Notice of Claim is filed (if attorneys' fees are sought), but not later than 6 years after final furnishing. This exceptionally long outer deadline of 6 years is among the most generous in the nation for public works bond claims.

The 30-day waiting period after filing the Notice of Claim is required if the claimant seeks to recover attorneys' fees in the action. Claimants who do not seek attorneys' fees may file suit immediately after the notice period.

Public Works — Retainage Mechanic Lien (R.C.W. 60.28)

Washington provides a separate remedy allowing subcontractors, sub-subcontractors, and materialmen to file a mechanic lien against the retainage held by the public authority. A Notice of Claim on Retained Percentage must be filed with the public authority within 45 days after formal acceptance of the project. R.C.W. 60.28.011.

Material and equipment suppliers and sub-subcontractors who provide materials as well as labor must have served a preliminary notice to the prime contractor within 60 days after first delivery as a prerequisite. R.C.W. 60.28.015. Suit must be filed within 4 months after filing the Notice of Claim. R.C.W. 60.28.030.

Summary of Washington Enforcement Deadlines

The following deadlines apply to enforcement of Washington construction mechanic liens and bond claims:

• Private Works: File suit within 8 months after the Claim of Mechanic Lien is recorded
• Public Works Bond: File Notice of Claim within 30 days after project completion and acceptance; suit within 6 years of final furnishing
• Public Works Retainage: File Notice of Claim within 45 days after formal acceptance; suit within 4 months of notice