Pre-Lien Notice / Notice to Owner - Preparation Worksheet - Washington

WASHINGTON NOTICE OF RIGHT TO CLAIM LIEN PACKET

RCW 60.04.031 Notice to Owner

This packet is a preparation and service record. It does not replace the complete two-sided statutory form.

1. Required Statutory Form

☐ Attach a completed copy of the current notice form printed in RCW 60.04.031(4).

☐ Reproduce both sides of the official form substantially as published, using lower-case and upper-case ten-point type where appropriate.

☐ Do not substitute a shortened demand letter, paraphrase, or this cover sheet for the statutory form.

The official notice begins with these headings:

NOTICE TO OWNER

IMPORTANT: READ BOTH SIDES OF THIS NOTICE CAREFULLY.

PROTECT YOURSELF FROM PAYING TWICE

2. Project Information for the Statutory Form

Notice date: [__/__/____]

Owner or reputed owner: [________________________________]

Owner/reputed owner mailing address: [________________________________]

Property street address or general location: [________________________________]

Sender/claimant: [________________________________]

Sender address: [________________________________]

Sender telephone: [________________________________]

Person ordering the professional services, materials, or equipment: [________________________________]

Prime contractor: [________________________________]

Prime contractor address: [________________________________]

Professional services, materials, or equipment furnished or to be furnished:

[____________________________________________________________]

First furnishing date: [__/__/____]

3. Project Classification and Coverage

Select one:

☐ Commercial or other project. Subject to the claimant and recipient rules below, notice may be given at any time but protects lien rights only for professional services, materials, or equipment supplied after the date 60 days before notice is mailed by registered or certified mail or personally delivered as RCW 60.04.031 provides.

☐ New construction of a single-family residence. Notice may be given at any time but protects lien rights only for professional services, materials, or equipment supplied after the date 10 days before notice is given as RCW 60.04.031 provides.

☐ Repair, alteration, or remodel of an existing owner-occupied single-family residence or appurtenant garage. A claimant not contracting directly with the owner-occupier or common-law agent must give notice to the owner-occupier. The lien may be satisfied only from amounts the owner has not yet paid the prime contractor when the notice is received, whether or not those amounts are then due.

The 60-day and 10-day periods are coverage lookbacks, not absolute deadlines barring later notice. Give notice promptly to maximize protected work.

4. Determine Whether Notice Is Required

Under RCW 60.04.031(2), notice is not required of:

• a person contracting directly with the owner or the owner's common-law agent;
• a laborer whose lien claim is based solely on performing labor; or
• a subcontractor contracting directly with the prime contractor, except as provided for an existing owner-occupied single-family repair, alteration, or remodel under subsection (3)(b).

Claimant status:

☐ Contracts directly with owner or owner's common-law agent

☐ Labor-only claimant

☐ Contracts directly with prime contractor

☐ Lower-tier subcontractor

☐ Material supplier

☐ Equipment supplier or lessor

☐ Professional-services provider

☐ Other: [________________________________]

Counsel's notice determination: [________________________________]

5. Required Recipients

☐ Owner or reputed owner. The statutory notice is directed to the owner or reputed owner.

☐ Prime contractor, if required. If the prime contractor has complied with the statutory provisions identified in RCW 60.04.031(1), notice must also be given to the prime contractor unless the claimant contracted directly with the prime contractor.

Additional recipient approved by counsel: [________________________________]

6. Delivery Record

For the owner or reputed owner, RCW 60.04.031(1) provides these methods:

☐ Registered mail

☐ Certified mail

☐ Personal delivery or service with a receipt or other acknowledgment signed by the owner/reputed owner

☐ Personal delivery or service supported by an affidavit of service

For an existing owner-occupied single-family repair, alteration, or remodel, “received” means actual receipt by personal service or registered/certified mail, or three days after registered/certified mailing, excluding Saturdays, Sundays, and legal holidays.

7. Optional Personal-Service Affidavit

An affidavit is one permitted way to evidence personal delivery under RCW 60.04.031(1)(b); subsection (5) does not impose a general affidavit requirement.

I, [SERVER NAME], state that on [__/__/____] at [TIME], I personally delivered the attached completed statutory Notice to Owner to [RECIPIENT] at [ADDRESS].

Server signature: ____________________________________

Date: [__/__/____]

8. Later Lien Deadlines

Sources and References

• RCW 60.04.031
• RCW 60.04.091
• RCW 60.04.141