Mechanics Lien Filing Package — Washington

Mechanics Lien Filing Package (Washington)

Quick-Reference Summary

WARNING: A frivolous, clearly excessive, or willfully exaggerated lien may be summarily released and the claimant assessed costs and attorneys' fees under RCW 60.04.081.

Part A — Pre-Lien Notice

A-1. Notice to Customer (Prime Contractor — Residential Remodel/Repair)

NOTICE TO CUSTOMER
(Required by RCW 60.04.090)

This contractor is registered with the State of Washington, registration No. [____], and has posted with the State a bond or deposit of $[____] for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of the contractor's current registration is [__/__/____].

THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.

This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $[____] that you and other customers, suppliers, subcontractors, or taxing authorities may have.

FOR GREATER PROTECTION you may withhold a percentage of your contract. You may also require the contractor to provide a performance and payment bond.

YOU SHOULD ALSO BE AWARE OF YOUR LIEN RIGHTS:
Persons supplying materials, services, or labor for your project may file claims of lien against your property to secure payment. To preserve their lien rights, they must give you a written "Notice to Owner" within 60 days of the date they first deliver materials or perform labor (10 days for new construction of an owner-occupied single-family residence).

Receipt Acknowledged by Customer: ________________________ Date: [__/__/____]

A-2. Notice to Owner (Subcontractor or Supplier — Pre-Claim Notice)

NOTICE TO OWNER OF PROFESSIONAL SERVICES, MATERIALS, OR EQUIPMENT FURNISHED
(Required by RCW 60.04.031)

To: [OWNER NAME]
[OWNER ADDRESS]
And to: [PRIME CONTRACTOR NAME], [ADDRESS]
And to: [LENDER, if known], [ADDRESS]

Property: [PROPERTY ADDRESS, COUNTY, WA]
Legal Description: [SEE EXHIBIT A]

YOU ARE HEREBY NOTIFIED that [CLAIMANT NAME], whose address is [ADDRESS], has commenced to provide professional services, materials, or equipment for the improvement of the above-described real property under a contract or order with [CONTRACTING PARTY NAME].

A general description of the services, materials, or equipment provided or to be provided is: [DESCRIPTION].

The date on which the claimant first commenced to provide labor, professional services, materials, or equipment was: [__/__/____].

The claimant is providing labor, professional services, materials, or equipment with the knowledge or consent of the property owner, and may claim a lien against the property if not paid.

IMPORTANT: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING TWICE.

This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also, take time to read the following information carefully. It could help you protect yourself from losing your property by lien.

Common ways to avoid problems include:

• Require contractors to provide lien releases signed by all suppliers and subcontractors;
• Make payment checks payable jointly to your contractor and the supplier or subcontractor; or
• Make payments through escrow.

Signed: ________________________ [CLAIMANT NAME], by [SIGNER, TITLE]
Date: [__/__/____]

Serve by certified mail (return receipt requested) or personal service.

Part B — Claim of Mechanics Lien

CLAIM OF LIEN
(Pursuant to RCW 60.04.091)

Filed by: [CLAIMANT NAME]
Address: [ADDRESS]
Registration / UBI No.: [____]

STATEMENT OF CLAIM

[CLAIMANT NAME] claims a lien upon the real property described above in the principal sum of $[____], plus statutory interest, for labor, professional services, materials, and/or equipment furnished or to be furnished for the improvement of said property, at the instance of [CONTRACTING PARTY NAME].

VERIFICATION

State of Washington ) ss. County of [____])

I, [NAME], being first duly sworn on oath, depose and say: I am the claimant (or attorney of the claimant or administrative employee of the claimant) above named; I have read or heard the foregoing claim, read and know the contents thereof, and believe the same to be true and correct, and that the claim of lien is not frivolous and is made with reasonable cause, and is not clearly excessive under penalty of perjury.

Signed: ________________________ [NAME], [TITLE]

Subscribed and sworn to before me this [__] day of [____], 20[__].

Notary Public: ________________________ Commission Expires: [__/__/____]

Record the original Claim of Lien with the County Auditor. Retain certified copy.

Part C — Notice of Filing Lien Claim to Owner

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested

Re: Notice of Recording of Claim of Lien — [PROPERTY ADDRESS]

Dear [OWNER]:

Please take notice that on [__/__/____], the undersigned recorded a Claim of Lien against the above-described real property with the [____] County Auditor, at Recording No. [____], in the principal amount of $[____], for labor, professional services, materials, and/or equipment furnished for the improvement of the property, pursuant to RCW 60.04.091.

A true and correct copy of the recorded Claim of Lien is enclosed.

This notice is served upon you in compliance with RCW 60.04.091. If the amount claimed is not paid, the undersigned intends to commence a foreclosure action within the eight-month limitation period set by RCW 60.04.141.

Sincerely,

[CLAIMANT NAME], by [SIGNER NAME, TITLE]
[ADDRESS, PHONE, EMAIL]

Enclosure: Recorded Claim of Lien.

Part D — Suit to Foreclose

SUPERIOR COURT OF WASHINGTON — [____] COUNTY

No.: [____]
COMPLAINT FOR FORECLOSURE OF CONSTRUCTION LIEN

Plaintiff [CLAIMANT], by counsel, alleges:

I. Parties, Jurisdiction, and Venue

1. Plaintiff is a [entity type] organized under the laws of [STATE], with its principal place of business at [ADDRESS], registered contractor No. [____].
2. Defendant [OWNER] is the record owner of real property located at [PROPERTY ADDRESS], [____] County, Washington, more particularly described on Exhibit A.
3. Defendant [PRIME CONTRACTOR] was the prime contractor for improvements to the Property.
4. Venue is proper in this Court pursuant to RCW 4.12.010 because the Property is situated in [____] County.

II. Facts

5. On [__/__/____], Plaintiff entered into a contract with [CONTRACTING PARTY] to furnish [DESCRIPTION] for the improvement of the Property.
6. Plaintiff first furnished labor, services, materials, or equipment on [__/__/____] and ceased furnishing on [__/__/____].
7. [If applicable:] On [__/__/____], Plaintiff served a Notice to Owner under RCW 60.04.031.
8. Plaintiff is owed a principal balance of $[____], plus statutory interest.
9. On [__/__/____], within 90 days after Plaintiff ceased to furnish labor or materials, Plaintiff recorded a Claim of Lien against the Property with the [____] County Auditor at Recording No. [____].
10. On [__/__/____], within 14 days of recording, Plaintiff served a copy of the recorded Claim of Lien on the Owner pursuant to RCW 60.04.091.

III. Claim for Foreclosure (RCW 60.04.171)

11. Plaintiff incorporates the foregoing.
12. Plaintiff has perfected a valid construction lien against the Property and is entitled to a judgment foreclosing the lien and directing sale of the Property to satisfy the lien, plus statutory interest, costs, and attorneys' fees under RCW 60.04.181.

IV. Claim for Breach of Contract (against [CONTRACTING PARTY])

13. Plaintiff incorporates the foregoing.
14. [CONTRACTING PARTY] breached the contract by failing to pay $[____] due and owing, causing direct damages in that amount.

V. Prayer for Relief

WHEREFORE, Plaintiff requests:

a. Judgment establishing the validity, priority, and amount of Plaintiff's lien in the sum of $[____] plus interest from [__/__/____];
b. An order foreclosing the lien and directing sheriff's sale of the Property pursuant to RCW 60.04.171;
c. Judgment against [CONTRACTING PARTY] for breach of contract;
d. Reasonable attorneys' fees and costs under RCW 60.04.181;
e. Such other relief as the Court deems just.

[ATTORNEY NAME, WSBA NO.]
[FIRM, ADDRESS, PHONE, EMAIL]
Attorneys for Plaintiff
Date: [__/__/____]

Record Notice of Lis Pendens (RCW 4.28.320 / 60.04.141) within 90 days of filing this Complaint.

Part E — Pre-Filing Checklist

☐ Confirm contractor registration is current (RCW 18.27); attach registration evidence
☐ Confirm bond / deposit current (RCW 18.27.040)
☐ Confirm Notice to Customer was provided at contract signing (residential remodel/repair $1,000+) — RCW 60.04.090
☐ For non-prime claimants: confirm Notice to Owner served within 60 days of first furnishing (10 days for new SFR) — RCW 60.04.031
☐ Identify date claimant ceased to furnish labor/materials
☐ Calendar 90-day Claim of Lien recording deadline — RCW 60.04.091
☐ Confirm correct County Auditor's office (situs of property)
☐ Title search to confirm owner of record and other lien claimants/encumbrances
☐ Compute lien amount; deduct payments, credits, retainage, and waived amounts
☐ Prepare Claim of Lien substantially in form per RCW 60.04.091 with sworn verification
☐ Record Claim of Lien with County Auditor; obtain Recording No.
☐ Mail/serve copy of recorded Claim of Lien on Owner within 14 days — RCW 60.04.091
☐ Calendar 8-month foreclosure deadline — RCW 60.04.141
☐ Identify all required defendants: owner, contracting party, prime contractor, lender, other lienors
☐ Prepare Complaint and Notice of Lis Pendens (lis pendens must be recorded within 90 days of filing)
☐ Confirm claim is not frivolous or clearly excessive (RCW 60.04.081 exposure)
☐ Confirm no valid lien waiver previously signed for the claimed work

Sources and References

• RCW 60.04 (Lien Rights of Construction Industry): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04
• RCW 60.04.031 (Notice to Owner): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031
• RCW 60.04.090 (Notice to Customer): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.090
• RCW 60.04.091 (Claim of lien — Filing — Contents — Service): https://app.leg.wa.gov/rcw/default.aspx?cite=60.04.091
• RCW 60.04.141 (Limitation of actions): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141
• RCW 60.04.171 (Foreclosure procedure): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.171
• RCW 60.04.181 (Rank of lien; attorneys' fees): https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.181
• Washington Courts — Superior Courts: https://www.courts.wa.gov/court_dir/?fa=court_dir.county