Introduction to Mechanics' and Materialmans' Liens for the State of Washington.

A. WHO MAY FILE A LIEN?

Under the RCW 60.04 ("the act"), a lien may be filed by any person who furnishes labor, professional services (including architectural and engineering services), materials or equipment for the improvement of real property at the request of the owner of the property or his agent (RCW 60.04.021). The "improvement" of real property generally includes constructing, altering, repairing, demolishing or remodeling any structure on land. The act also includes in the categories of potential lien claimants those persons providing demolition, inspection and testing services.

A registered or licensed contractor, subcontractor, architect or engineer, or other person having charge of improvements to real property is deemed the agent of the owner for purposes of establishing lien rights. However, a contractor or subcontractor who is required to be registered under RCW 18.27 or 19.28, but who is not registered, shall not be deemed the agent of the owner (RCW 60.04.041).

The act provides that you may rely upon a contractor's certificate of registration or license covering the period when the labor, materials or equipment will be furnished. Therefore, you should ask to see the certificate of registration or license of the contractor or subcontractor if there is any doubt about whether he or she is currently registered. You can also establish whether a contractor or subcontractor is registered by calling Contractor's Registration in Olympia at 1-800-647-0982. As long as you properly rely on a registration or license, you will not lose your rights, even if the contractor's registration or license is subsequently suspended or revoked without your knowledge (RCW 60.04.041). Only those who contract directly with an unregistered or unlicensed contractor or subcontractor will lose their lien rights.

B. WHAT NOTICE OF MY RIGHT TO CLAIM A LIEN MUST I GIVE TO THE PROPERTY OWNER?

When supplying professional services, materials or equipment for a job, the owner, or "reputed owner" of the property and the prime contractor must be given a notice that a lien may be claimed for the professional services, materials or equipment, with certain exceptions set forth below (RCW 60.04.031[1]). Under the act, notice may be given at any time but it only protects the right to claim a lien or professional services, materials or equipment supplied on a commercial project within the 60 days prior to the notice and thereafter. In the case of new construction of a single-family residence, a notice to the owner may be given at any time, but it only protects the right to claim a lien as to professional services, materials or equipment supplied 10 days before receipt of the notice and thereafter. On a residential remodel, it appears that the 60-day rule applies.