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Obtaining a Mechanic's Lien in Washington

In Washington, any licensed contractor, subcontractor, or supplier who furnishes labor, professional services, materials, or equipment is entitled to claim a mechanic's lien. Every person claiming a lien must file and record a notice of claim of lien, in the county where the subject property is located, no later than ninety (90) days after the person has ceased to furnish labor, professional services, materials, or equipment or the last date on which employee benefit contributions were due. See R.C.W. 60.04.091.

The notice of claim of lien must contain the following information: (1) the name, phone number, and address of the claimant; (2) the first and last date on which the labor, professional services, materials, or equipment was furnished or employee benefit contributions were due; (3) the name of the person indebted to the claimant; (4) the street address, legal description, or other description reasonably calculated to identify, for a person familiar with the area, the location of the real property to be charged with the lien; (5) the name of the owner or reputed owner of the property, if known, and, if not known, that fact shall be stated; and (6) the principal amount for which the lien is claimed. See R.C.W. 60.04.091(1).

The claim of lien must be signed by the claimant or some person authorized to act on his or her behalf who shall affirmatively state they have read the notice of claim of lien and believe the notice of claim of lien to be true and correct under penalty of perjury. See R.C.W. 60.04.091(2). If the lien has been assigned, the name of the assignee must also be stated. Id. The lien claim must also be signed in the presence of a licensed notary who then notarizes the document with his or her seal or signature. Id.

Since the lien must be filed and recorded no later the ninety days following the last furnishing, no action to foreclose a lien can be maintained unless the claim of lien is filed for recording within the ninety-day period stated. See Id.

The lien claimant must also serve a copy of the claim of lien to the owner or reputed owner by mailing it by certified or registered mail or by personal service within fourteen (14) days of the time the claim of lien is filed for recording. Id. Failure to do so results in a forfeiture of any right the claimant may have to attorneys' fees and costs. Id.

This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. Please contact an attorney with questions about filing and recording a claim of lien, or any other issues related to mechanic's liens in Washington.