How do I file a construction lien in Washington?

Washington construction liens are governed by RCW Chapter 60.04.

1. Who Can File

General contractors, subcontractors, suppliers, professional services (architects, engineers, surveyors, landscape architects), equipment lessors, and laborers furnishing labor or materials for improvements (RCW § 60.04.021).

2. Preliminary / Pre-Lien Notice

Subcontractors and suppliers without direct contract with the owner must send a Notice to Owner within 60 days from the first date of delivery of materials or labor (10 days for new residential single-family construction). For commercial materials suppliers, the notice covers labor/materials furnished no more than 60 days before the notice (RCW § 60.04.031). Failure forfeits lien rights for earlier work.

3. Recording the Lien

Record a verified Claim of Lien in the county auditor where the property is located, not later than 90 days after the claimant has ceased to furnish labor, professional services, materials, or equipment (RCW § 60.04.091). The claim must include claimant, owner, contract date, type of work, amount, and legal description.

4. Service on Owner

Serve a copy of the recorded claim on the owner within 14 days after recording, by personal service or certified mail (RCW § 60.04.091(2)). Failure to serve renders the lien unenforceable.

5. Suit to Foreclose

File foreclosure within 8 calendar months after recording (RCW § 60.04.141). Owner may also serve a Notice to Commence Action requiring suit within 30 days (RCW § 60.04.081).

6. Priority

Liens attach as of the date work commenced on the project as a whole, taking priority over later-recorded mortgages (RCW § 60.04.061).

7. Bond Release

Owner may obtain release by depositing cash or a surety bond for 1.5x the claim (with a $5,000 minimum) under RCW § 60.04.161.

8. Homestead / Residential

For new single-family construction or remodels of $5,000 or more, the prime contractor must furnish a Disclosure Statement (RCW § 18.27.114) and serve a 10-day Notice to Owner. Owner-occupant who pays in good faith before notice may have a partial-payment defense.

9. Fraudulent Lien Penalties

A frivolous lien may be released on motion under RCW § 60.04.081; claimant may be ordered to pay attorney's fees and damages, and the lien may be void under RCW § 60.04.221.

This is legal information, not legal advice.