Notice to Owner
(Mechanic's Lien) (WA)
Summary
This Notice to Owner may be used by a subcontractor in Washington state to notify the owner of a construction project that the subcontractor is working on the project. This template contains practical guidance and drafting notes and tracks the statutory form laid out in Wash. Rev. Code § 60.04.031(4). The purpose of the subcontractor's Notice to Owner is to advise the property owner of the identity of contractors who might claim liens against the property. Given this purpose, the requirement does not apply to potential claimants who have contracted directly with the property owner (i.e., prime contractors). The notice must be sent to both the property owner and the prime contractor, unless the potential lien claimant contracted directly with the prime contractor. Wash. Rev. Code § 60.04.031. If the prime contractor fails to post or provide the job site information as required under Wash. Rev. Code §§ 60.04.261 and 60.04.230, the subcontractor is not strictly required to provide the prime contractor with the Notice to Owner; however, it is best practice to do so. The notice may be delivered by registered or certified mail or by personal service. The notice is deemed received upon actual receipt by personal delivery or three days after mailing (excluding weekends and holidays) by registered or certified mail. Wash. Rev. Code § 60.04.031; Baker v. Altmayer, 851 P.2d 1257 (1993). Depending on the type of project, certain subcontractors may not be required to provide the Notice to Owner. For further guidance on mechanic's liens in Washington, see Mechanic's Lien Resource Kit (WA), Mechanic's Liens (WA), Mechanic’s Lien Law (WA), and Mechanic's Lien Checklist (WA). For other mechanic's lien templates for use in Washington, see Claim of Lien (Mechanic's Lien) (WA), Notice of Furnishing Professional Services (Mechanic's Lien) (WA), Notice to Customer (Mechanic's Lien) (WA), and Notice to Real Property Lender (Mechanic's Lien) (WA). For information on mechanic's liens generally, see Mechanic's Lien Resource Kit, Mechanic's Lien State Laws Survey, and Prompt Payment Acts and Lien Waivers (Private Construction) State Law Survey. For information on the construction process, see Construction Resource Kit and Construction Law (WA). For a full listing of key content covering construction subcontract agreements, see Construction Subcontract Agreement Resource Kit. For a list of key resources covering construction-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Construction, Junior Associate Resource Kit: Construction, Summer Associate Resource Kit: Construction, In-House Construction Resource Kit, and Federal Government Summer Intern Resource Kit: Construction.