Washington Notice Requirements
Preliminary Notice Obligations for Private Works & Public Projects Under R.C.W. Chapter 60.04
Notice to Owner — Commercial and Multi-Family Projects (60-Day Deadline)
For commercial and multi-family construction projects in Washington, subcontractors and material suppliers must serve a Notice to Owner on the property owner and prime contractor within 60 days of first delivery of labor or materials. R.C.W. 60.04.031(4).
Materialmen must send this notice even if their contract is directly with the prime contractor. This is an important distinction from many other states where direct contractual privity with the prime often exempts the claimant from preliminary notice requirements. However, subcontractors having a direct contract with the prime contractor are exempt from this notice requirement.
Notice to Owner — Single-Family Residence (10-Day Deadline)
For single-family residential projects, the Notice to Owner must be served within 10 days from first delivery of labor or materials. This significantly shorter deadline reflects the heightened consumer protection afforded to homeowners in Washington.
Prime contractors need not give the 10-day or 60-day notices during performance. This exemption applies only to prime contractors — all other claimants must comply with the applicable notice deadline.
Notice to Real Property Lender (R.C.W. 60.04.221)
Washington provides a unique Notice to Real Property Lender mechanism. Any contractor, subcontractor, or material supplier may serve a notice on the lender, owner, and contractor not less than 5 days and not more than 35 days after payment is due. R.C.W. 60.04.221.
This notice is designed to establish priority of mechanic lien rights over the lender's rights. If the lender does not hold back funds from the next construction draw payment after receiving this notice, the mechanic lien claimant's rights may take priority over the lender's security interest. This is a powerful tool for protecting payment rights on privately financed projects.
Public Works — Bond Claim Preliminary Notice
On Washington public works projects, sub-subcontractors that provide materials as well as labor, and materialmen to subcontractors, must serve a Preliminary Notice of Claim on Bond to the prime contractor within 10 days after first performance under R.C.W. 39.08.065.
For the retainage mechanic lien remedy under R.C.W. 60.28, material and equipment suppliers and sub-subcontractors who provide materials as well as labor must serve a preliminary notice to the prime contractor within 60 days after first delivery under R.C.W. 60.28.015.
Frequently Asked Questions
Is a preliminary notice required to file a mechanic lien in Washington?
Yes, for most claimants. For commercial and multi-family projects, Notice to Owner must be served within 60 days of first delivery. For single-family residences, within 10 days. Prime contractors are exempt during performance. Materialmen must send notice even if contracted directly with the prime.
What is the Notice to Real Property Lender in Washington?
Under R.C.W. 60.04.221, claimants may serve notice on the lender, owner, and contractor between 5 and 35 days after payment is due. This establishes priority of mechanic lien rights over the lender's rights if the lender does not withhold funds from the next draw.
Are prime contractors exempt from the Notice to Owner in Washington?
Yes. Prime contractors need not give the 10-day or 60-day Notice to Owner during performance. However, subcontractors having a direct contract with the prime are also exempt from the 60-day notice on commercial projects, though materialmen must send notice regardless.
What notice is required for Washington public works bond claims?
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 of first performance (R.C.W. 39.08.065). For retainage mechanic liens, notice must be given within 60 days of first delivery (R.C.W. 60.28.015).
What is the difference between the 10-day and 60-day notice deadlines in Washington?
The 10-day deadline applies to single-family residential projects, reflecting stronger homeowner protections. The 60-day deadline applies to commercial and multi-family projects. Both deadlines run from the date of first delivery of labor or materials.
Related Washington Resources
Explore other critical compliance areas for Washington construction mechanic lien law.
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
Washington Overview
Return to the main Washington construction mechanic lien law page