Does a Subcontractor Need to Send a Preliminary Notice in Washington?
Usually No If You Contracted With the Prime, With One Exception That Catches People
The General Rule: Exempt
A subcontractor contracting directly with the prime contractor is exempt from the Notice of Right to Claim Lien. RCW 60.04.031(2)(c). That covers first-tier subs on commercial work, new single-family construction, and multi-family projects alike.
A subcontractor with no privity to the prime, hired instead by another subcontractor, is not exempt and must give the notice.
The Exception: Owner-Occupied Single-Family Remodels
On repair, alteration, or remodeling of an existing owner-occupied single-family residence, RCW 60.04.031(3)(b) withdraws the direct-to-prime subcontractor exemption. A first-tier subcontractor on that project type must give the notice.
There is a second bite on the same project type. A claimant who did not contract directly with the owner-occupier may satisfy the lien only from amounts not yet paid to the prime contractor when the owner receives the notice. Late notice on a job the owner has already paid out leaves nothing to attach.
If You Do Have to Send It, It Is a Look-Back
The notice may be given at any time. It protects only what was furnished after a date 60 days before it 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.
It goes to the owner or reputed owner, and also to the prime where the prime has complied with RCW 19.27.095, 60.04.230, and 60.04.261, unless you contracted directly with the prime.
The Practical Answer
Send it anyway. On a commercial job the notice costs almost nothing and the exemption analysis turns on facts about the owner's occupancy and the nature of the work that a subcontractor often learns late or gets wrong. Sending a notice you did not owe carries no penalty. Skipping one you did owe makes the lien unenforceable under RCW 60.04.031(6).
Frequently Asked Questions
Does a subcontractor need a preliminary notice in Washington?
Generally no if you contracted directly with the prime contractor. RCW 60.04.031(2)(c) exempts you. The exemption is withdrawn on repair, alteration, or remodeling of an existing owner-occupied single-family residence, where you must give the notice.
What about a sub hired by another subcontractor in Washington?
Not exempt. The exemption reaches only a subcontractor in direct contract with the prime. A lower-tier subcontractor must give the Notice of Right to Claim Lien to the owner.
If a Washington subcontractor sends the notice late, is the lien gone?
No. The notice is a look-back. It protects what was furnished in the 60 days before service, or 10 days on new single-family construction. Everything earlier drops out, but the lien survives for the protected period.
Should a Washington subcontractor send the notice even when exempt?
Yes, as a practical matter. There is no penalty for sending an unnecessary notice, and the exemption depends on facts about owner occupancy and the type of work that are easy to get wrong. RCW 60.04.031(6) makes the lien unenforceable if a required notice was skipped.
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