Understanding Washington State Lien Laws

The 60-Day Look-Back, Not a 60-Day Deadline

This is the rule most often reported backwards, and getting it backwards costs money. Washington does not set a deadline for the Notice of Right to Claim Lien. It may be given at any time. What the statute limits is what the notice protects: only what you furnished after a date 60 days before the notice is mailed by certified or registered mail, or personally served, on the owner. On new construction of a single-family residence that window is 10 days rather than 60.

So a notice sent on day 100 of a job does not kill the lien. It protects the last 60 days of furnishing and forfeits everything earlier. A contractor who has passed day 60 and concludes the notice is pointless is leaving money on the table; serving it that day still protects two months of work plus everything after. The practical rule is to serve it when the contract is signed, so the look-back never becomes an issue. A notice that was required and never given is a different matter — that makes the lien unenforceable outright.

One exception deserves its own line. On repair, alteration, or remodeling of an existing owner-occupied single-family residence, the subcontractor exemption is withdrawn and the notice is required. On that same project type, a claimant who did not contract directly with the owner-occupier can satisfy the lien only from amounts the owner had not yet paid the prime contractor when the notice was received, and a mailed notice counts as received three days after mailing. If the owner has already paid the prime in full, there is nothing left for the lien to reach.

Timeline for Filing Mechanics Liens

90 days after a party last supplied labor or delivered materials, mechanics liens are due. Punch-list, warranty, and callback work do not restart that clock. Once the lien is recorded, you have 14 days to deliver a copy to the owner — missing that costs you attorney fees and costs, not the lien itself — and eight calendar months from the recording date to file suit to foreclose, with the owner served within 90 days after filing. Note the anchor: the enforcement window runs from recording, not from last furnishing, so it opens the day you record. This deadline cannot be shortened or extended by contract, so it's important to pay attention to this deadline because any liens filed afterwards are void. Liens must be notarized and most counties in Washington allow for electronic filing, so the more complicated pieces of the process are recordkeeping and tracking the dates to ensure you file in a timely fashion.

Lien Waiver Forms

Lien waiver forms are not set by Washington state lien law as they are in many states, so it's important to review any lien waivers you're given to be sure they're fair and accurate before signing. A conditional lien waiver, for example, only removes your right to file a lien once you've been paid for your work on the project. An unconditional waiver, on the other hand, removes your right to file a lien regardless of whether you've first received payment.

If you're new to working in Washington, taking on a different type of project, or managing projects across multiple jurisdictions, you may want to consult with an experienced construction law attorney to ensure you're meeting all the necessary requirements to preserve your right to file a mechanics lien. National Lien & Bond counsels construction operations of all sizes across all 50 states. Reach out to schedule one of our lien seminars for your business to learn more about the importance of good business processes and oversight in preserving your right to get paid.