Washington Notice of Right to Claim a Lien & Mechanics Lien — County Auditor Filing Guide (RCW 60.04.031 / 60.04.091 / 60.04.141, 2026)

✓ Verified against Washington statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules

Washington mechanics lien deadlines at a glance

Preliminary Notice

60 days — Notice to Owner

Mechanics Lien

90 days — From last date of furnishing

Enforcement

8 months — From filing

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Washington Preliminary Notice — official construction notices posted on a jobsite permit board (Mechanics Lien Management Preliminary Notice guide, 2026)
A Washington Notice of Right to Claim a Lien under RCW 60.04.031 is a written notice served on the owner or reputed owner by a person furnishing professional services, materials, or equipment for the improvement of real property who is not within a statutory exception. RCW 60.04.031(2) exempts persons who contract directly with the owner, laborers whose claim is based solely on performing labor, and subcontractors in direct contract with the prime contractor — but that subcontractor exemption does NOT cover material suppliers or equipment lessors, who must serve the notice even when they sell directly to the prime contractor. The notice may be served at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date 60 days before the notice is given — and only 10 days before, on the new construction of a single-family residence. Service runs by certified or registered mail to the owner, or by personal delivery with a signed receipt or affidavit of service. The Notice of Right to Claim a Lien is a condition precedent to the RCW 60.04.091 Claim of Lien, which must be signed, acknowledged, and recorded with the county auditor (in King County, the King County Recorder's Office) within 90 days after the claimant ceases to furnish — with a copy given to the owner within 14 days of recording under RCW 60.04.091(2) to preserve the right to costs and attorney fees. Suit to foreclose must be commenced in Washington Superior Court within eight calendar months of recording under RCW 60.04.141, with the owner served within 90 days of filing and a lis pendens recorded under RCW 4.28.320 — failure extinguishes the lien by operation of law. A defective or clearly excessive recorded lien can be released through the RCW 60.04.081 frivolous-lien show-cause procedure, with costs and reasonable attorney fees awarded to the prevailing party. An unregistered contractor is barred by RCW 18.27.080 from bringing or maintaining the foreclosure action. The framework applies across all 39 Washington counties.

What Is the Washington Notice of Right to Claim a Lien and How Does the Lien Framework Work?

The Washington Notice of Right to Claim a Lien is the procedural entry point into Washington's mechanics lien framework under Chapter 60.04 RCW ('Liens — Labor, materials, services, equipment,' RCW 60.04.011 through 60.04.901). The notice is served on the owner or reputed owner by any person furnishing professional services, materials, or equipment for the improvement of real property who is not exempt under RCW 60.04.031(2). Washington's framework is distinctive in three respects: it expressly extends lien rights to professional services (surveying, mapping, and architectural, engineering, and landscape-architectural services); it uses a rolling look-back rather than a hard deadline for the pre-claim notice (the notice protects furnishing supplied within 60 days before it, 10 days on new single-family residential); and it records construction liens with the county auditor in each of the state's 39 counties (in King County, the King County Recorder's Office).

Who Must Serve the Notice of Right to Claim a Lien and Who Has Lien Rights?

Every person furnishing professional services, materials, or equipment for the improvement of real property holds Washington lien rights under RCW 60.04.021 — prime contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals, and laborers. But not every claimant must serve the RCW 60.04.031 Notice of Right to Claim a Lien. RCW 60.04.031(2) exempts persons who contract directly with the owner, laborers whose claim is based solely on labor, and subcontractors in direct contract with the prime contractor. The decisive trap is the boundary of the subcontractor exemption: it does NOT cover material suppliers or equipment lessors. A company that sells materials directly to the prime contractor is a supplier, not a subcontractor, and must still serve the notice on the owner. Lower-tier subs and suppliers and design professionals not in privity with the owner must also serve it.

When the Notice of Right to Claim a Lien and Claim of Lien Must Be Filed

The RCW 60.04.031 Notice of Right to Claim a Lien never becomes 'late' in a way that voids it — instead, the notice fixes a look-back date. It may be given at any time, but it only protects the right to claim a lien for professional services, materials, or equipment supplied after a date 60 days before the notice is given, or only 10 days before it on the new construction of a single-family residence. The RCW 60.04.091 Claim of Lien must be signed, acknowledged, and recorded with the county auditor within 90 days after the claimant ceases to furnish, and a copy must be given to the owner within 14 days of recording under RCW 60.04.091(2) or the claimant loses costs and attorney fees. The RCW 60.04.141 eight-month foreclosure window runs from the Claim of Lien recording date, with the owner served within 90 days of filing.

Required Information on the Washington Notice of Right to Claim a Lien

RCW 60.04.031(1) prescribes the content of the Notice of Right to Claim a Lien: the date of the notice; the name and address of the owner or reputed owner; the name, address, and telephone number of the potential lien claimant; the name of the person who contracted for the purchase of the professional services, materials, or equipment; the common (street) address and a legal or parcel description of the property sufficient for identification; a general description of the professional services, materials, or equipment provided or to be provided; and the statutorily worded 'NOTICE TO OWNER' warning that explains how subcontractor and supplier lien rights arise and how the owner can reduce exposure. The notice is served on the owner by certified or registered mail, or by personal delivery with a signed receipt or affidavit of service.

How to Serve the Notice and Where to Record the Claim of Lien

The RCW 60.04.031 Notice of Right to Claim a Lien is served on the owner or reputed owner — it is not recorded with the county auditor. Service runs by certified or registered mail to the owner, or by personal delivery with evidence of delivery in the form of a signed receipt or affidavit of service. Service by ordinary first-class mail without a certified or registered mailing is not compliant, and service by email is not compliant. The actual Claim of Lien is recorded with the county auditor in the county where the property is located under RCW 60.04.091 (in King County, the King County Recorder's Office). It must be signed and acknowledged before a notary. Washington recording fees vary by county and currently run roughly $200 or more for the first page because of the statutory document-recording surcharges under Chapter 36.22 RCW.

Amending the Notice, the RCW 60.04.221 Notice to Real Property Lender, and the RCW 60.04.161 Release Bond

When project facts change, the better practice is to serve an updated RCW 60.04.031 Notice of Right to Claim a Lien on the current owner. Washington also gives claimants a distinctive mid-project tool: the RCW 60.04.221 Notice to Real Property Lender. A potential lien claimant or lien claimant may give the construction lender a written notice, after which the lender may withhold sufficient undisbursed loan proceeds to pay the claim — and a lender that disburses in disregard of the notice can be liable to the claimant. After a Claim of Lien is recorded, the owner, prime contractor, or lender may remove it from the property by recording a RCW 60.04.161 bond in lieu of lien, set at the greater of $5,000 or two times the lien if it is $10,000 or less, and one and one-half times the lien if it exceeds $10,000.

Frequently Asked Questions

Who must serve a Washington Notice of Right to Claim a Lien?

Under RCW 60.04.031, any person furnishing professional services, materials, or equipment for the improvement of real property must serve the owner a Notice of Right to Claim a Lien — unless exempt. RCW 60.04.031(2) exempts persons who contract directly with the owner, laborers whose claim is based solely on labor, and subcontractors in direct contract with the prime contractor. The subcontractor exemption does NOT cover material suppliers or equipment lessors: a supplier that sells directly to the prime contractor must still serve the notice.

What happens if the Washington Notice of Right to Claim a Lien is served late?

It is not void. Under RCW 60.04.031, a late notice limits the eventual Claim of Lien to professional services, materials, or equipment supplied after a date 60 days before the notice is given. On the new construction of a single-family residence, the look-back collapses to only 10 days. Furnishing outside the look-back is forfeited from the lien claim.

When must the Washington Claim of Lien be recorded?

Under RCW 60.04.091, the Claim of Lien must be signed, acknowledged (notarized), and recorded with the county auditor in the county where the property is located not later than 90 days after the claimant ceases to furnish labor, professional services, materials, or equipment. A copy of the recorded lien must be given to the owner within 14 days of recording under RCW 60.04.091(2) — failure forfeits the right to costs and attorney fees, though not the lien itself.

How long does a Washington mechanics lien last?

Under RCW 60.04.141, a Washington Claim of Lien binds the property for only eight calendar months after recording unless an action to foreclose is filed within that time in the superior court of the county where the property is located. The lien claimant must also serve the owner with the summons and complaint within 90 days of filing. Missing the eight-month window extinguishes the lien by operation of law.

What is the RCW 60.04.081 frivolous-lien procedure?

RCW 60.04.081 lets an owner (or contractor, lender, or other lien claimant) apply to superior court for an expedited show-cause hearing on whether a recorded Claim of Lien should be released as frivolous and made without reasonable cause, or as clearly excessive. The statute is two-way: the prevailing party recovers costs and reasonable attorney fees. A claimant who records a defective or exaggerated lien faces a fast challenge and direct fee exposure.

Does Washington require a Notice of Commencement?

No. Washington does not impose a Notice of Commencement filing obligation on owners. Washington's procedural entry point for sub-tier claimants is the claimant's own RCW 60.04.031 Notice of Right to Claim a Lien. On residential one-to-four-unit projects, RCW 18.27.114 separately requires the prime contractor to give the customer a written 'Notice to Customer' disclosure — but that is a contractor-to-owner disclosure, not a recorded commencement filing.

Can an unregistered contractor foreclose a Washington lien?

Under RCW 18.27.080, a contractor cannot bring or maintain any action for compensation, or to foreclose a lien, without alleging and proving that it was a duly registered contractor with the Washington Department of Labor & Industries at the time it contracted for the work. An unregistered or lapsed-registration contractor that records a Claim of Lien generally cannot enforce it through foreclosure.