Does a Material Supplier Need to Send a Preliminary Notice in Washington?

A Supplier Is Not a Subcontractor

This is the trap. RCW 60.04.031(2)(c) exempts a subcontractor contracting directly with the prime contractor. It does not exempt a supplier contracting directly with the prime. The statute distinguishes subcontractors from those furnishing materials, and a supplier does not fall inside the subcontractor exemption.

So a supplier selling directly to the general contractor still owes the Notice of Right to Claim Lien, while the framing sub working alongside it under a direct subcontract does not. Suppliers assume parity with subs here and lose lien coverage over it.

The one supplier exemption that does exist is privity with the owner: a supplier contracting directly with the owner or the owner's common law agent is exempt under RCW 60.04.031(2)(a).

The Look-Back, and Why Suppliers Feel It Hardest

The notice may be given at any time but protects only materials furnished after a date 60 days before it is served on the owner, or 10 days on new construction of a single-family residence.

Suppliers on long-running accounts are the tier most exposed to this. A lumber yard billing an open account for eight months that sends its first notice in month eight keeps two months of deliveries and forfeits six. The lien is valid and badly undersized.

Send the notice when the account is opened or the first purchase order is accepted, not when the account goes past due.

Who Gets It

The owner or reputed owner, by certified or registered mail or personal service with proof of delivery. It also goes to the prime where the prime has complied with RCW 19.27.095, 60.04.230, and 60.04.261, unless the supplier contracted directly with the prime, in which case no separate notice to the prime is needed.

Public Projects Are a Different Rule

On public work, a supplier furnishing to a subcontractor must notify the prime contractor within 10 days after first delivery to that subcontractor. RCW 39.08.065. That one is a true forward deadline, and missing it bars a bond action for those materials.

A supplier delivering directly to the prime is outside RCW 39.08.065 by its terms. For retained funds, the RCW 60.28.015 notice to the contractor may be given at any time and reaches back 60 days plus everything after.