WHO MAY CLAIM Any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner. WA REV CODE § 60.04.021 • “Furnishing labor, professional services, materials, or equipment” includes the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies or materials, and the renting, leasing, or otherwise supplying of equipment for the improvement of real property. WA REV CODE § 60.04.011(4) • “Professional services” means surveying, establishing, or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property. WA REV CODE § 60.04.011(13) DEADLINE TO PERFECT Every person claiming a lien shall file for recording, in the county where the subject property is located, a notice of claim of lien not later than 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. WA REV CODE § 60.04.091 BROKEN PRIORITY Date of lien relates back to date of first work or material commencing project. NOTE: • For the purposes of non-visible commencement in the case of design professionals: WA REV CODE § 60.04.031(5) requires recording a notice of furnishing professional services. If not recorded, lien for such services will be deemed subordinate to subsequent mortgages. • Advances on previously recorded mortgage: will have priority over intervening liens. WA REV CODE § 60.04.226 WA REV CODE § 60.04.061 DURATION OF LIEN Lien must be enforced within 8 months after claim has been recorded. WA REV CODE § 60.04.171 CONTENTS OF LIEN (1) Verified statement under oath by claimant or agent; (2) name, phone number, and address of claimant; (3) first and last date on which labor or materials provided; (4) name of person indebted to claimant; (5) street address or legal description of property sufficient to identify real property charged with lien; (6) name of (reputed) owner if known, and, if not known, that fact shall be stated; and (7) principal amount of lien claim. Substantial compliance required. Above requirements must be included, but variance in form will not invalidate. Williams v. Athletic Field, Inc. (2011) 172 Wash.2d 683, 261 P.3d 109 WA REV CODE § 60.04.091 WASHINGTON WASHINGTON – 550 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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