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WA Disclosure Statement Prerequisite

Do You Need a Disclosure Statement to File a Mechanics Lien in Washington?

On Covered Contracts Yes, and It Is a Pleading-and-Proof Requirement, Not a Formality

The Rule

RCW 18.27.114 requires a contractor to deliver a model disclosure statement to the customer before starting work on a covered contract, and to obtain the customer's signature acknowledging receipt.

The teeth are in the lien consequence. A contractor subject to the section may not bring or maintain a lien claim under ch. 60.04 on a covered contract without alleging and proving that it delivered the disclosure statement. It is an element you plead and prove, not a technicality raised in defense.

Which Contracts Are Covered

The residential trigger is repair, alteration, or construction of four or fewer residential units or accessory structures on residential property, where the bid or contract price is $1,000 or more. The statute states no upper limit on the residential side.

The commercial trigger is repair, alteration, or construction of a commercial building where the bid or contract price is $1,000 or more but less than $60,000.

The $60,000 ceiling belongs only to the commercial branch. Reading it as a cap on residential coverage is a common and expensive error: a contractor on a $250,000 house remodel is squarely covered.

Who It Does Not Reach

The section does not apply to public contracts under ch. 39.04, and it does not apply to contractors contracting with other contractors. A subcontractor working for a general contractor is not delivering a disclosure statement to that GC.

It runs contractor to customer at the start of the job, which in practice means it lands on the general contractor dealing with an owner.

What to Keep

Retain the customer's signed acknowledgment for at least three years and be able to produce it. The signed copy is your proof. Delivery without a signature does not satisfy the statute, and an unsigned file copy will not carry the pleading burden when the lien is challenged.

Frequently Asked Questions

Do you need a disclosure statement to file a mechanics lien in Washington?

On covered contracts, yes. RCW 18.27.114 requires the model disclosure statement before work starts, and a covered contractor must allege and prove it delivered the statement to bring or maintain a ch. 60.04 lien.

What contracts does RCW 18.27.114 cover?

Residential repair, alteration, or construction of four or fewer units or accessory structures at $1,000 or more with no upper limit, and commercial building work at $1,000 or more but less than $60,000.

Does the $60,000 ceiling apply to residential work in Washington?

No. The $60,000 upper limit belongs only to the commercial branch. Residential coverage starts at $1,000 and the statute states no cap, so a large house remodel is covered.

Does a subcontractor need to give the disclosure statement in Washington?

Not when contracting with another contractor. The section excludes contractor-to-contractor contracts and does not apply to public contracts under ch. 39.04.

Deadlines Are Unforgiving

Every Day You Wait Is a Day Closer to Missing Your Deadline

Construction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.

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