Does a General Contractor Need to Send a Preliminary Notice in Washington?
The Short Answer Is No, But a Different Document Can Still Kill the Lien
No Notice of Right to Claim Lien
A general contractor in direct contract with the owner, or with the owner's common law agent, is exempt from the Notice of Right to Claim Lien. RCW 60.04.031(2). The exemption is not unique to prime contractors: it covers anyone in direct contract with the owner, along with laborers claiming solely for labor and subcontractors in direct contract with the prime.
So on an ordinary Washington project the GC records its Claim of Lien within 90 days of last furnishing without any preliminary notice step at all.
The Document That Actually Trips Up GCs
RCW 18.27.114 requires a model disclosure statement on covered contracts, and it operates as a prerequisite to the lien. A contractor subject to it cannot bring or maintain a ch. 60.04 lien claim without alleging and proving it delivered the statement before starting work.
It applies to repair, alteration, or construction of four or fewer residential units or accessory structures at $1,000 or more with no upper limit, and to a commercial building at $1,000 or more but less than $60,000. The contractor must obtain the customer's signature acknowledging receipt and keep it for three years.
A GC that skipped the disclosure on a $40,000 kitchen remodel has a timing-perfect lien and no way to maintain it. This is the more common failure than any notice problem.
What a GC Should Still Calendar
Record the Claim of Lien within 90 days of last furnishing (RCW 60.04.091). Deliver a copy to the owner within 14 days of recording or forfeit attorney fees and costs. File suit within 8 calendar months of recording and serve the owner within 90 days of filing (RCW 60.04.141).
A GC may also use the RCW 60.04.221 notice to a construction lender if it is unpaid five days past the contract payment date, giving that notice within 35 days of the payment due date.
Frequently Asked Questions
Does a general contractor need a preliminary notice in Washington?
No. A contractor in direct contract with the owner or the owner's common law agent is exempt from the Notice of Right to Claim Lien under RCW 60.04.031(2).
What can bar a Washington GC's lien then?
The RCW 18.27.114 model disclosure statement. On covered residential contracts of $1,000 or more, and commercial building contracts of $1,000 to under $60,000, the contractor must deliver the statement before starting work and must allege and prove it did so to bring or maintain a lien.
Is the GC exemption the only exemption in Washington?
No. RCW 60.04.031(2) also exempts laborers whose claim is based solely on labor, and subcontractors contracting directly with the prime, though the subcontractor exemption is withdrawn on owner-occupied single-family remodels.
Related Washington Resources
Explore other critical compliance areas for Washington construction mechanic lien law.
Notice Requirements
The Notice of Right to Claim Lien and its 60-day and 10-day look-back periods, who is exempt, the contractor disclosure statement, and the notice to a construction lender
Mechanic Lien Deadlines
The 90-day recording deadline, the 14-day owner delivery requirement, and the notice prerequisites that gate the lien
Mechanic Lien Enforcement Deadlines
The 8-month suit deadline from recording, payment bond claims under RCW 39.08, and retained funds under RCW 60.28
Washington Overview
Return to the main Washington construction mechanic lien law page