Templates Real Estate Notice to Owner / Pre-Claim Notice
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WASHINGTON NOTICE TO OWNER

Pre-Claim Notice to Preserve Lien Rights

Pursuant to RCW § 60.04.031


IMPORTANT NOTICE

THIS IS NOT A LIEN. This is a notice required by Washington law to preserve the right to file a mechanics lien. Under Washington law, certain parties must provide written notice to the property owner of their right to claim a lien.

NOTICE DEADLINES VARY BY PROJECT TYPE:
- Commercial Projects: 60 days from first furnishing
- Residential Remodel (Owner-Occupied Single-Family): 10 days from project start


NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Labor/Materials: _________________________________

Project Start Date (if different): _________________________________

Project Type:
Commercial Project - 60-day deadline
New Residential Construction - Generally not required for subs contracting with prime
Residential Remodel (Owner-Occupied) - 10-day deadline

Calculated Deadline: _________________________________


SECTION 1: RECIPIENTS

To Property Owner or Reputed Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: WA ZIP: _________

To Prime Contractor (General Contractor):

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: WA ZIP: _________


SECTION 2: PROPERTY INFORMATION

Project Name (if any): _________________________________

Property Street Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description:
_________________________________
_________________________________
_________________________________

Parcel Number (if known): _________________________________


SECTION 3: CLAIMANT INFORMATION

Claimant Name: _________________________________

Business Name: _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Washington Contractor Registration No.: _________________________________

Claimant Classification:
☐ Subcontractor (not contracting directly with prime contractor)
☐ Sub-subcontractor
☐ Material supplier
☐ Equipment lessor
☐ Professional services provider
☐ Other: _________________________________


SECTION 4: CONTRACTING PARTY

Name of Person or Entity with Whom Claimant Contracted:
_________________________________

Relationship:
☐ First-tier subcontractor
☐ Second-tier subcontractor
☐ Material supplier
☐ Other: _________________________________

Address:
_________________________________
_________________________________


SECTION 5: DESCRIPTION OF WORK/MATERIALS

General Description of Professional Services, Materials, or Equipment Furnished or to be Furnished:

_________________________________
_________________________________
_________________________________
_________________________________

Estimated Price: $__________________


SECTION 6: STATUTORY NOTICE LANGUAGE (RCW § 60.04.031(4))

THE FOLLOWING NOTICE IS REQUIRED BY WASHINGTON LAW:


NOTICE TO OWNER

IMPORTANT: READ BOTH SIDES OF THIS NOTICE CAREFULLY. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE.

To: _________________________________ (Owner's Name)

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 note that laborers on this project may claim a lien without sending you a notice.

OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY

Under Washington state law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid may record a lien against your property, whether or not you have paid your contractor in full.

COMMERCIAL AND/OR NEW RESIDENTIAL CONSTRUCTION

Under Washington state law, those who furnish labor, professional services, materials, or equipment for the construction of your commercial or new residential property and who are not paid may record a lien against your property, whether or not you have paid your contractor in full.

GENERAL INFORMATION FOR ALL PROPERTY OWNERS

Accordingly, it is in your best interest to take the following steps to protect yourself:

  1. RECOGNIZE that this notice is sent to inform you that the party named below may have a lien right on your property;

  2. LEARN more about lien rights, visit the Washington Department of Labor and Industries website;

  3. ASK the contractor for a list of all potential lien claimants on your project;

  4. BEFORE MAKING PAYMENT to any contractor or subcontractor, require the contractor to give you lien releases signed by every potential claimant;

  5. When the improvement to your property is complete, and a notice of completion has been filed, require the contractor to deliver lien releases signed by each person who furnished labor, professional services, materials, or equipment. Under Washington state law, you have the right to pay those who provided labor, professional services, materials, or equipment directly and deduct the cost of that payment from the amount you owe your contractor.


INFORMATION ABOUT LIEN CLAIMANT

Name: _________________________________

Address: _________________________________

Phone: _________________________________


IMPORTANT INFORMATION FOR YOUR PROTECTION

This notice is provided at the commencement of work on your project by one who may furnish professional services, materials, or equipment for the improvement of your property. If the sender of this notice is not paid, a lien may be filed against your property, WHETHER OR NOT YOU HAVE PAID YOUR CONTRACTOR OR SUBCONTRACTOR. To protect your property, you may request lien releases from all those who have sent you this notice before making payments to your general contractor.


SECTION 7: WHO MUST GIVE THIS NOTICE

Under RCW § 60.04.031, the following must give pre-claim notice:

Lower-tier subcontractors - Those who do NOT contract directly with the prime contractor or owner
Material suppliers - To subcontractors (not to prime contractor or owner)
Equipment lessors - When not contracting directly with owner
Professional services providers - When not contracting directly with owner

The following are EXEMPT from pre-claim notice requirements:

Persons with direct contract with owner or owner's common law agent
Laborers - Whose claim of lien is based solely on performing labor
Subcontractors who contract directly with the prime contractor (on projects other than owner-occupied residential remodels)


SECTION 8: CLAIMANT'S SIGNATURE

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

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

Place of Signing: _________________, Washington


SECTION 9: PROOF OF SERVICE

Service Requirements (RCW § 60.04.031)

Notice must be mailed by:
Certified mail, OR
Registered mail, OR
Delivered personally with proof of service or signed acknowledgment

Service Documentation

Service to Owner:

Method of Service:
☐ Certified mail, return receipt requested
☐ Registered mail
☐ Personal delivery with signed acknowledgment

Date Mailed/Delivered: _________________________________
Tracking/Receipt Number: _________________________________
Return Receipt/Acknowledgment Received: ☐ Yes ☐ No ☐ Pending

Service to Prime Contractor (if applicable):

Method of Service:
☐ Certified mail, return receipt requested
☐ Registered mail
☐ Personal delivery with signed acknowledgment

Date Mailed/Delivered: _________________________________
Tracking/Receipt Number: _________________________________


Certificate of Service

I certify under penalty of perjury that I served this Notice to Owner on the parties indicated above by the methods specified.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________


WASHINGTON NOTICE TO OWNER - LEGAL REQUIREMENTS SUMMARY

DEADLINES TO SEND NOTICE

Commercial Projects (Non-Residential):
- 60 days from first furnishing labor, materials, or equipment
- Applies to subcontractors/suppliers who do not contract directly with owner or prime contractor

Residential Remodel (Owner-Occupied Single-Family):
- 10 days from the date the project commences
- Applies to persons who furnish professional services, materials, or equipment and do not contract directly with the owner-occupier

New Residential Construction:
- Subcontractors who contract directly with the prime contractor generally do NOT need to give pre-claim notice
- Lower-tier subcontractors must give notice

CONSEQUENCES OF LATE OR NO NOTICE

Late Notice:
- Notice only preserves lien rights for work performed within 60 days before the date of notice and all work performed after the notice
- Work performed more than 60 days before notice may not be lienable

No Notice:
- Lien is invalid if proper notice was required but not given
- Exception: Laborers are not required to give notice for labor liens

FORMAT REQUIREMENTS (RCW § 60.04.031(4))

  • Notice must be in minimum 10-point font
  • Specified sections must be in bolded uppercase text
  • Must include all statutory language

SERVICE REQUIREMENTS

  • Mailed by certified or registered mail, OR
  • Personal delivery with proof of service or signed acknowledgment
  • Service to owner is required; service to prime contractor recommended

WHO IS EXEMPT

  1. Persons who contract directly with the owner or owner's common law agent
  2. Laborers whose claim is based solely on performing labor
  3. Subcontractors who contract for improvement directly with the prime contractor (except for owner-occupied residential remodels)

ADDITIONAL IMPORTANT DEADLINES

Action Deadline Citation
Pre-Claim Notice (Commercial) 60 days after first furnishing RCW § 60.04.031
Pre-Claim Notice (Residential Remodel) 10 days from project start RCW § 60.04.031
Record Lien Claim 90 days after completion/cessation RCW § 60.04.091
Serve Lien Claim on Owner Within 14 days of recording RCW § 60.04.091
Enforce Lien (lawsuit) 8 months after recording RCW § 60.04.141

REGISTRATION REQUIREMENT

Under Washington law, contractors must be properly registered to have lien rights. Verify your registration status with Washington Department of Labor and Industries.


IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Washington mechanics lien law requires strict compliance with pre-claim notice requirements. The consequences of failing to give proper and timely notice include loss of lien rights.

CONSULT AN ATTORNEY: Before relying on this form, consult with a Washington-licensed attorney familiar with construction lien law to ensure compliance with all requirements.

MAINTAIN RECORDS: Keep copies of this notice, certified mail receipts, return receipts, and any acknowledgments of delivery.


Washington Notice to Owner Template - Version 2026.01
Based on RCW § 60.04.031

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PRELIMINARY NOTICE CONSTRUCTION

STATE OF WASHINGTON


Effective Date: [DATE]
Party A: [PARTY A NAME]
Address: [PARTY A ADDRESS]
Party B: [PARTY B NAME]
Address: [PARTY B ADDRESS]
Governing Law: [GOVERNING STATE]

This document is entered into by and between [PARTY A NAME] and [PARTY B NAME], effective as of the date set forth above, subject to the terms and conditions outlined herein and the laws of [GOVERNING STATE].
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