NOTICE OF RIGHT TO CLAIM LIEN

(Commonly Referred to as “Pre-Lien Notice” or “Notice to Owner”)
State of Washington – RCW 60.04.031 Compliant

[// GUIDANCE: This template tracks the statutory form in RCW 60.04.031(4) and layers in professional-grade drafting features, optional clauses, and a service affidavit. Bracketed text must be customized before use.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Statutory Notice Text (Operative Provision)
4. Supplemental Disclosures & Representations
5. Risk Allocation
6. Dispute Resolution & Governing Law
7. General Provisions
8. Execution Block
9. Affidavit of Service (Mandatory Attachment)

1. DOCUMENT HEADER

NOTICE EFFECTIVE DATE: [DATE]
CLAIMANT: [LEGAL NAME] – WA Contractor Reg. No. [__]
OWNER / REPUTED OWNER: [LEGAL NAME(S)]
ORIGINAL (GENERAL) CONTRACTOR: [LEGAL NAME] (if different from Claimant)
PROJECT / IMPROVEMENT: [PROJECT NAME OR DESCRIPTION]
PROPERTY: [LEGAL DESCRIPTION OR TAX PARCEL NO.; MUNICIPAL ADDRESS]
GOVERNING LAW: State of Washington Lien Law (RCW 60.04)
FORUM SELECTION: Exclusive jurisdiction & venue in the Superior Court of [COUNTY], WA

2. DEFINITIONS

“Claimant” – The individual or entity identified above that has furnished or will furnish Labor, Professional Services, Materials, or Equipment (collectively, “Work”) for the Improvement.

“First Furnishing Date” – The calendar date on which Claimant first furnished any Work to the Property: [MM/DD/YYYY].

“Notice Deadline” – The latest calendar date on which this Notice must be delivered to Owner to preserve lien rights under RCW 60.04.031 (i.e., 60 days after First Furnishing Date unless a 10-day period applies to labor-only claimants). [// GUIDANCE: Confirm project type and select correct statutory period before finalizing.]*

“Work” – All labor, professional services, materials, or equipment furnished or to be furnished by Claimant for the Improvement.

“Work Value Cap” – An amount not to exceed the reasonable value of Work actually furnished as of the date a lien is recorded.

“Washington Lien Law” – Chapter 60.04 Revised Code of Washington.

3. STATUTORY NOTICE TEXT (OPERATIVE PROVISION)

The following language is reproduced verbatim from RCW 60.04.031(4) (with bracketed placeholders per statute):

NOTICE TO OWNER
IMPORTANT – THIS IS NOT A LIEN.

To: [OWNER NAME & ADDRESS]

The undersigned [CLAIMANT NAME] is providing professional services, materials, or labor for the improvement of your property and may have lien rights under chapter 60.04 RCW.

THIS NOTICE IS TO ADVISE YOU OF YOUR RIGHTS AND OBLIGATIONS UNDER THE WASHINGTON LIEN LAW. EVEN THOUGH YOU HAVE MADE PAYMENT TO YOUR CONTRACTOR, IF THE PERSON OR COMPANY NAMED ABOVE IS NOT PAID IN FULL FOR THE GOODS OR SERVICES PROVIDED, A LIEN MAY BE PLACED ON YOUR PROPERTY. FORECLOSURE OF THE LIEN COULD RESULT IN THE LOSS OF ALL OR PART OF YOUR PROPERTY.

This notice is not intended to reflect in any way on the integrity or creditworthiness of your contractor.

If you have any questions about your rights and responsibilities under the lien law, you may wish to seek professional legal advice.

Dated: [DATE]

---

[AUTHORIZED SIGNATORY]
Title: [__]
For: [CLAIMANT NAME]

[// GUIDANCE: Retain the ALL-CAPS language; any deviation risks non-compliance.]

4. SUPPLEMENTAL DISCLOSURES & REPRESENTATIONS

4.1 Description of Work. Claimant has furnished or will furnish the following:
[DETAILED WORK DESCRIPTION].

4.2 Contract / Purchase Order Reference. Claimant’s work is pursuant to [WRITTEN CONTRACT DATED _ / VERBAL AGREEMENT DATED _] with [CONTRACTING PARTY].

4.3 Estimated Amount. As of the Effective Date, the estimated value of Work furnished is $[______] (subject to adjustment).

4.4 Truth & Accuracy. Claimant represents that the information herein is true and correct to the best of its knowledge and is provided to preserve statutory lien rights.

4.5 Survival. The representations in this Section 4 survive delivery of this Notice and any lien filing.

5. RISK ALLOCATION

5.1 Limitation of Liability. Claimant’s aggregate liability arising out of or relating to this Notice shall not exceed the Work Value Cap.

5.2 No Waiver of Lien Rights. Nothing in this Notice or any subsequent agreement shall be deemed a waiver or release of any lien, bond, or other security interest available to Claimant under Washington Law unless expressly stated in a written, signed waiver that complies with RCW 60.04.071.

6. DISPUTE RESOLUTION & GOVERNING LAW

All disputes arising out of or relating to this Notice, the Work, or any resulting lien shall be governed by the laws of the State of Washington, with exclusive venue in the Superior Court of [COUNTY], Washington. Injunctive relief to enforce or foreclose a lien is expressly preserved. Arbitration and jury-trial waivers are not applicable to this statutory Notice.

7. GENERAL PROVISIONS

7.1 Amendments. Any amendment to this Notice must be in writing and signed by Claimant.

7.2 Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force and effect.

7.3 Counterparts & Electronic Signatures. This Notice may be executed in counterparts and delivered by electronic means with the same legal effect as original signatures.

8. EXECUTION BLOCK

CLAIMANT:
[LEGAL NAME]

By: _____
Print Name: ____
Title: _____
Date: _____

[Seal/Notary Acknowledgment, if desired or required by lender/owner]

9. AFFIDAVIT OF SERVICE

(Attach to executed Notice – REQUIRED to perfect service under RCW 60.04.031(5))

I, [NAME], declare under penalty of perjury under the laws of the State of Washington that:

1. I am over the age of 18 and competent to testify.
2. On [DATE], I served the foregoing Notice of Right to Claim Lien upon the Owner/Reputed Owner by:
   ☐ Personal delivery (hand-delivered) to [NAME] at [ADDRESS], OR
   ☐ Certified Mail, return receipt requested, postage prepaid, addressed to [ADDRESS].
3. A true copy of the signed return receipt / delivery confirmation is attached hereto.

Executed at [CITY], Washington on [DATE].

[NAME], Declarant

[// GUIDANCE:
1. Timing – Verify 60-day (or 10-day) statutory window based on the claimant’s role; late notice jeopardizes lien rights.
2. Service – Personal delivery or certified/registered mail is mandatory. Keep proof of service with project records.
3. Recording – A pre-lien notice is NOT recorded. The later lien claim (RCW 60.04.091) must be recorded with the county auditor.
4. Subrogation – If claiming through a payment bond, incorporate bond-specific language (beyond scope here).]

© 20[YY] [LAW FIRM / AUTHOR]. All rights reserved.