Mechanics Lien Release

CONSTRUCTION LIEN RELEASE

State of Washington

Pursuant to RCW Chapter 60.04

IMPORTANT WASHINGTON TERMINOLOGY NOTE: Washington uses the term "construction lien" (not "mechanics' lien") under RCW 60.04. All documents and filings should use this terminology. Lien claims are recorded with the County Auditor (not the County Recorder or Clerk).

TABLE OF CONTENTS

1. Full Release of Construction Lien
2. Partial Release of Construction Lien
3. Release by Bond in Lieu of Claim
4. Demand for Release of Construction Lien
5. Petition to Discharge Construction Lien
6. Recording Instructions
7. Statutory Reference Table
8. Practitioner Notes

1. FULL RELEASE OF CONSTRUCTION LIEN

RELEASE OF CONSTRUCTION LIEN
Pursuant to RCW 60.04.071

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]
[________________________________]

Auditor File No. of Original Lien: [________________________________]

STATE OF WASHINGTON
COUNTY OF [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant Information:

Property Owner Information:

Property Description:

Original Lien Information:

Release Declaration:

The undersigned Lien Claimant, pursuant to RCW 60.04.071, for and in consideration of the sum of $[________________________________] ("Release Amount"), receipt of which is hereby acknowledged and accepted, does hereby fully, finally, and unconditionally release, satisfy, and discharge the construction lien described above, recorded in the office of the County Auditor for [________________________________] County, Washington.

This release constitutes a complete release of all claims secured by the above-referenced construction lien claim, including principal, interest, costs, and attorney's fees.

The Claimant warrants:

☐ The Claimant is the original lien claimant or authorized assignee
☐ Full payment of $[________________________________] has been received and accepted
☐ The lien has not been assigned or transferred
☐ The Claimant is a registered contractor in Washington State (Registration No. [________________________________]) or is exempt from registration
☐ The Claimant has authority to execute this release

IN WITNESS WHEREOF, the undersigned has executed this Release on [__/__/____].

LIEN CLAIMANT:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

State of Washington
County of [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and official seal this [____] day of [________________], 20[____].

Notary Public: ______________________________
Printed Name: [________________________________]
Residing at: [________________________________]
My Appointment Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF CONSTRUCTION LIEN

PARTIAL RELEASE OF CONSTRUCTION LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]

Auditor File No.: [________________________________]

STATE OF WASHINGTON
COUNTY OF [________________________________]

Lien Claimant: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________], Washington

Original Lien:

Partial Release:

The undersigned, in consideration of partial payment of $[________________________________], receipt acknowledged, hereby partially releases a portion of the construction lien described above.

Lien Reduction:

The remaining lien of $[________________________________] continues in full force.

Reason for Partial Release:

☐ Partial payment received
☐ Disputed portion resolved
☐ Release of specific parcel(s)
☐ Court-ordered partial release
☐ Other: [________________________________]

IN WITNESS WHEREOF, executed on [__/__/____].

Signature: ______________________________
Printed Name: [________________________________]

ACKNOWLEDGMENT

State of Washington
County of [________________________________]

Acknowledged before me on [__/__/____] by [________________________________].

Notary Public: ______________________________
My Appointment Expires: [__/__/____]

3. RELEASE BY BOND IN LIEU OF CLAIM

Bond in Lieu of Construction Lien Claim

Pursuant to RCW 60.04.161

BOND IN LIEU OF CONSTRUCTION LIEN CLAIM

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]

Cross-Reference to Lien: Auditor File No. [________________________________]

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal") and [________________________________] ("Surety"), a surety company listed in the latest Federal Department of the Treasury list of surety companies acceptable on federal bonds, with sufficient underwriting capacity, are held and firmly bound unto [________________________________] ("Obligee/Lien Claimant") as follows:

Bond Amount Calculation per RCW 60.04.161:

☐ For lien claims of $10,000 or less:
| Component | Amount |
|-----------|--------|
| Lien Amount: | $[________________________________] |
| Bond Amount (greater of $5,000 or 2x lien): | $[________________________________] |

☐ For lien claims exceeding $10,000:
| Component | Amount |
|-----------|--------|
| Lien Amount: | $[________________________________] |
| Bond Amount (1.5x lien): | $[________________________________] |

RECITALS:

WHEREAS, the Obligee recorded a construction lien claim in the office of the County Auditor for [________________________________] County, Washington, as Auditor File No. [________________________________], on [__/__/____], claiming $[________________________________]; and

WHEREAS, the Principal desires to release the real property from the lien by recording this bond pursuant to RCW 60.04.161;

CONDITION:

NOW, THEREFORE, the condition of this obligation is that the Principal shall pay the Obligee any judgment entered against the Principal for the lien claim, not to exceed the amount of this bond.

EFFECT OF RECORDING: Upon recording with the County Auditor, this bond releases the real property described in the lien claim from the construction lien and any action brought to recover the amount claimed. The lien claimant's rights transfer to this bond.

DISCHARGE OF SURETY: The surety is discharged from liability if:

1. No lawsuit to enforce the lien claim is filed within the eight-month period prescribed by RCW 60.04.141; or
2. The judgment or full bond amount (whichever is less) has been paid.

MULTIPLE PROPERTIES: If the lien affects multiple parcels, this bond covers the following parcel(s): [________________________________]

Principal: ______________________________
Print Name: [________________________________]
Date: [__/__/____]

Surety: ______________________________
Print Name of Company: [________________________________]
By (Attorney-in-Fact): ______________________________
Date: [__/__/____]

[SURETY SEAL]

Surety Information:
Company: [________________________________]
Listed on Treasury Department Circular 570: ☐ Yes
Address: [________________________________]
Phone: [________________________________]

ACKNOWLEDGMENT

State of Washington
County of [________________________________]

On [__/__/____], before me personally appeared [________________________________] (Principal) and [________________________________] (Attorney-in-Fact for Surety), known to me, who executed this bond as their free and voluntary act.

Notary Public: ______________________________
My Appointment Expires: [__/__/____]

4. DEMAND FOR RELEASE OF CONSTRUCTION LIEN

[Owner/Attorney Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE OF CONSTRUCTION LIEN
Property: [________________________________], [________________________________] County, Washington
Auditor File No.: [________________________________]
Date Recorded: [__/__/____]

Dear [________________________________]:

This is a formal demand for the immediate release of the construction lien you recorded against the above-referenced property.

Basis for Demand:

☐ Full Payment Made (RCW 60.04.071). The Owner has paid and you have accepted payment of $[________________________________] on [__/__/____]. Under RCW 60.04.071, upon payment by an owner and acceptance of that payment, you are required to provide a lien release upon demand.

☐ Lien Has Expired (RCW 60.04.141). No action to enforce the lien was commenced within eight (8) months from the date the lien claim was recorded. The lien claim was recorded on [__/__/____], and no foreclosure suit has been filed. The lien has expired.

☐ Bond Recorded (RCW 60.04.161). A bond in lieu of claim has been recorded, releasing the property.

☐ Lien Improperly Filed. The lien claim does not comply with RCW 60.04.091 because: [________________________________]

☐ Contractor Not Registered. The lien claimant is not a registered contractor under RCW 18.27 and therefore cannot enforce a lien.

☐ Other: [________________________________]

Demand:

Provide a recordable release of the construction lien within ten (10) days of receipt.

Consequences:

Failure to release will result in:

1. Recording of a bond under RCW 60.04.161 at the contractor's expense;
2. Petition to the Superior Court to compel release;
3. Recovery of costs, attorney's fees, and damages;
4. All other available remedies under Washington law.

Note: Under RCW 60.04.161, if a contractor fails to record a bond to release a lien, the owner may record such bond and recover the cost from the contractor or deduct it from amounts otherwise due.

Sincerely,

______________________________
[________________________________]
Phone: [________________________________]

5. PETITION TO DISCHARGE CONSTRUCTION LIEN

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR [________________________________] COUNTY

PETITION TO DISCHARGE CONSTRUCTION LIEN

Petitioner states:

I. PARTIES

1. Petitioner owns property at [________________________________], [________________________________] County, Washington.

2. Respondent recorded a construction lien against the property.

II. BACKGROUND

3. On [__/__/____], Respondent recorded a construction lien claim as Auditor File No. [________________________________] in [________________________________] County, claiming $[________________________________].

4. Grounds for discharge:

☐ Full Payment (RCW 60.04.071). Petitioner paid in full ($[________________________________] on [__/__/____]). Respondent refuses to release.

☐ Expired Lien (RCW 60.04.141). No enforcement action was commenced within eight (8) months from the recording date of [__/__/____]. The lien has expired.

☐ Bond Recorded (RCW 60.04.161). A bond in lieu of claim was recorded as Auditor File No. [________________________________], releasing the property.

☐ Defective Lien (RCW 60.04.091). The lien claim fails to meet statutory requirements because: [________________________________]

☐ Unregistered Contractor. Respondent was not a registered contractor under RCW 18.27 at the time the work was performed.

☐ Frivolous Lien. The lien was filed without a reasonable basis in law or fact.

III. LEGAL BASIS

5. Under RCW 60.04.141, a lien must be enforced within eight months of recording or it is released by operation of law.

6. Under RCW 60.04.071, a lien claimant must release a lien upon payment and demand.

IV. RELIEF REQUESTED

WHEREFORE, Petitioner requests:

(a) An order discharging the construction lien;
(b) An order directing the County Auditor to note the discharge;
(c) Attorney's fees and costs under RCW 60.04;
(d) Such other relief as the Court deems just.

______________________________
Attorney for Petitioner
[________________________________]
WSBA No. [________________________________]
[________________________________]
Phone: [________________________________]

DECLARATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Executed at [________________________________], Washington, on [__/__/____].

______________________________
Petitioner

6. RECORDING INSTRUCTIONS

Washington Construction Lien Release Recording Guide

Recording Office: County Auditor's Office

Washington has 39 counties. Construction lien releases are recorded with the County Auditor where the original lien was filed.

Major County Auditor Offices:

Recording Requirements:

☐ Original signed release document
☐ Notarized acknowledgment
☐ Recording fee (verify with County Auditor; Washington uses a standardized fee schedule)
☐ Cross-reference to original lien Auditor File Number
☐ Tax parcel number
☐ Legal description consistent with original lien
☐ Return address
☐ Excise tax affidavit NOT required for lien releases

Document Format Requirements (WAC 434-662):

• Paper size: 8.5" x 11"
• Margins: 3" top margin on first page; 1" top margin on subsequent pages; 1" on sides and bottom
• Ink: Black ink
• Font: Minimum 8-point (10-point preferred)
• First page must contain: title of document, names of grantor/grantee, abbreviated legal description, assessor's tax parcel number, return address
• Recording must comply with county auditor's office requirements

Important Notes:

• Washington records with the County Auditor, not a Recorder or Clerk
• Always reference the original lien's Auditor File Number
• Many Washington counties accept electronic recording

7. STATUTORY REFERENCE TABLE

Washington Construction Lien Statutes and Deadlines

Key Deadlines Summary

Bond Requirements Under RCW 60.04.161

8. PRACTITIONER NOTES

Washington-Specific Considerations

"Construction Lien" Terminology:
Washington uses "construction lien" rather than "mechanics' lien" throughout RCW 60.04. All documents filed in Washington should use this term to be consistent with the statute and to avoid confusion at the recording office.

County Auditor Recording System:
Washington is unique in that real property documents are recorded with the County Auditor rather than a County Recorder or Clerk of Court. This includes lien claims, lien releases, and bonds in lieu of claims. The Auditor assigns a unique file number to each recorded document.

Tiered Bond Amounts (RCW 60.04.161):
Washington uses a two-tier bond system:

• Claims of $10,000 or less: The bond must be the greater of $5,000 or two times (200%) the lien amount
• Claims exceeding $10,000: The bond must be one and one-half times (150%) the lien amount

This tiered approach provides proportional protection. Importantly, no court approval is required -- the bond is recorded directly with the County Auditor.

Eight-Month Enforcement Deadline:
The lien claimant must commence an action to enforce the construction lien within eight (8) months from the date the lien claim was recorded. This deadline applies even if a bond in lieu of claim has been recorded. If no suit is filed within eight months, the surety on a bond is discharged from liability.

Owner's Right to Record Bond (RCW 60.04.161):
If a contractor fails to record a bond in lieu of claim when required, the owner may record such bond and recover the cost from the contractor or deduct it from amounts otherwise due. This provides the owner with a self-help remedy.

Contractor Registration Requirement (RCW 18.27):
Washington requires contractor registration. An unregistered contractor generally cannot enforce a construction lien. This is a powerful defense for property owners and should be checked when evaluating a lien's validity before preparing a release.

Treasury Department Circular 570:
The surety on a bond in lieu of claim must be listed on the Federal Department of the Treasury's Circular 570 list of acceptable sureties. This requirement is specific to Washington and must be verified before the bond is recorded.

Pre-Claim Notice for Residential Projects:
Certain lien claimants on residential projects must provide a pre-claim notice to the owner under RCW 60.04.031. Failure to provide this notice may invalidate the lien, simplifying the discharge process.

Multi-Parcel Liens:
When a lien affects multiple parcels, separate bonds may be required for different parcels, and each bond must meet the aggregate requirements. One bond may cover multiple liens from a single claimant.

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified Washington attorney before use. Laws and procedures are subject to change; verify all statutory citations against current law.

Last Updated: 2026-03-05