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. Contractor Disclosure Statement

NOTICE TO CUSTOMER
(RCW 18.27.114)

☐ Determine whether the project is covered: (a) repair, alteration, or construction of four or fewer residential units or accessory structures at $1,000 or more; or (b) commercial-building work at $1,000 or more but less than $60,000.

☐ Before starting covered work, provide the complete current disclosure statement substantially in the form printed in RCW 18.27.114, using the required twelve-point and bold formatting.

☐ Obtain the customer's signature and retain the signed statement for at least three years.

☐ Do not substitute a shortened paraphrase for the statutory disclosure statement.

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

☐ Determine whether an RCW 60.04.031 exemption applies, including the special rule for existing owner-occupied single-family repair, alteration, or remodeling.

☐ Use the complete two-sided NOTICE TO OWNER form printed in RCW 60.04.031(4). Do not substitute a shortened or paraphrased notice.

☐ Give the notice to the owner or reputed owner by registered mail, certified mail, or qualifying personal delivery. Give it to the prime contractor as well when RCW 60.04.031(1) requires that additional recipient.

☐ Calculate protected furnishing as a lookback: ordinarily 60 days before compliant notice, or 10 days before notice for new construction of a single-family residence. These are not absolute deadlines barring later notice.

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: [__/__/____]

After filing the foreclosure action, consider promptly recording a lis pendens under RCW 4.28.320. A recorded lis pendens is ineffective unless followed by first publication of summons or personal service on a defendant within 60 days after the lis pendens is filed.

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 the current RCW 18.27.114 disclosure statement was provided before starting covered work and the signed copy was retained
☐ Determine RCW 60.04.031 applicability; use the statutory form and calculate the 60-day or new-single-family 10-day lookback
☐ 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, if appropriate, a lis pendens under RCW 4.28.320; calendar its 60-day service/publication condition
☐ 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 18.27.114 (Contractor disclosure statement): https://app.leg.wa.gov/RCW/default.aspx?cite=18.27.114
• 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
• RCW 4.28.320 (Lis pendens): https://app.leg.wa.gov/RCW/default.aspx?cite=4.28.320
• Washington Courts — Superior Courts: https://www.courts.wa.gov/court_dir/?fa=court_dir.county