For contractors, subcontractors, and suppliers in Washington, understanding construction lien laws is crucial for ensuring payment for your hard work and materials. These laws, primarily found in RCW Chapter 60.04, provide a powerful tool to secure your right to payment by placing a claim against the improved property. However, the system comes with strict requirements and deadlines that, if missed, can jeopardize your ability to recover what you’re owed.
The Importance of Preliminary Notice
Think of the preliminary notice (often called a “Notice to Owner” or “Notice of Right to Claim Lien”) as your formal introduction to the property owner, especially if you don’t have a direct contract with them. It’s a heads-up that you’re contributing to the project and reserving your right to file a lien if you don’t get paid. For most projects, you generally must give the owner a written notice of your right to claim a lien. For more information, see RCW 60.04.031(1).
General Rule (60 Days): The preliminary notice can be given at any time, but it only protects your right to claim a lien for services, materials, or equipment supplied after the date which is sixty (60) days before the notice is mailed! This means if you start work on January 1st and send your notice on March 15th, your lien rights would only cover work performed from January 14th onward. The earlier you send it, the better!
10-Day Exception: For new construction of a single-family residence, this window shrinks considerably. The notice only protects your right to claim a lien for services, materials, or equipment supplied after a date which is ten (10) days before the notice is given. This tighter deadline emphasizes the need for immediate action on residential new builds.
Who Needs to Send It?
Generally, subcontractors, suppliers, and those not in direct contractual privity with the property owner are required to send this notice. Prime contractors who contract directly with the owner-occupier for certain residential or commercial projects have different notice requirements (e.g., providing a Disclosure Statement) and are typically exempt from this specific preliminary notice.
Key Takeaway: Don’t delay! Sending your preliminary notice as early as possible in a project (ideally within the first few days of furnishing labor or materials) is paramount to protecting your full lien rights.
The Enforcement Deadline
So, you’ve sent your preliminary notice, you’ve done the work, and you still haven’t been paid. You’ve even filed your claim of lien (which has its own 90-day deadline from your last date of furnishing labor/materials under RCW 60.04.091). What’s next? RCW 60.04.141 dictates the lifespan of your recorded lien.
The 8-Month Deadline:
RCW 60.04.141 requires that you initiate a lawsuit to foreclose on the lien within 8 months of the date you recorded it. This is a strict statute of limitations. If you miss this deadline, your lien rights expire, and the lien is automatically released, regardless of whether you’re still owed money.
Important Note: While the statute permits an extension of this eight-month deadline if “credit is given and the terms thereof are stated in the claim of lien,” relying on this is less common and should be done with careful legal counsel.
Don’t Let Your Rights Expire!
Washington’s construction lien laws are designed to protect those who contribute to the improvement of real property, but they demand diligent adherence to procedural requirements and deadlines. Missing a preliminary notice can limit the scope of your lien, and failing to timely enforce a recorded lien can extinguish your rights altogether.
If you’re a contractor, subcontractor, or supplier in Washington, understanding these deadlines is not just good practice—it’s essential for safeguarding your business and ensuring you get paid for the value you provide. When in doubt, always consult with an attorney experienced in Washington construction law to ensure full compliance and maximize your protection.
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