Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for its content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Notice to Owner of Furnishing
Labor, Materials or Equipment.
Scope: State of Washington, Private Works
Time Constraints: The time requirements for serving
your preliminary notice depend on the type of private job you
are performing:
Residential Job: A Notice of Commencement of Furnishing
Labor, Materials or Equipment must be prepared and served on
the owners and general contractors (and sureties, if one exists)
by personal service or certified mail no later than 10 days
after first furnishing of labor, materials or service.
Commercial Job: A Notice of Commencement of Furnishing
Labor, Materials or Equipment must be prepared and served on
the owners and general contractors (and sureties, if one exists)
by personal service or certified mail no later than 60 days
after first furnishing of labor, materials or service.
If you are a general contractor, you need to use
the Notice to Customer form. Go to your Company Setup and make
sure the Company for the job has the “General Contractor” box
checked.
As a practical matter, we strongly urge you to
serve all jobs as though they are Residential jobs. This will
prevent any service time frame errors.
Special Note: Architects, engineers, inspectors
and surveyors may also establish lien rights if they file a
copy of the preliminary notice with the county recorder's office
prior to performing services and if they serve an attested copy
(stamped by the county recorder's office) within the above time
frames noted above.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter
or need to file a copy of your Notice of Commencement with the
County Recorders Office (See below).
Form Types: Notice of Commencement of Furnishing
Labor, Materials or Equipment, Exhibits A-D (if needed), owner
Letter (if used) and Recorder letter (if needed).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all legal owners, all general contractors,
all lenders and all sureties. Sending a copy to your customer
is optional (unless they are the owners, general contractors,
lenders or sureties). Where necessary (see above) file a copy
with the county recorder's office prior to service.
When in doubt, file your lien claim immediately.
Important: If you fail to prepare and serve your
Preliminary Notice within the time frames mentioned above after
first furnishing of labor, materials or service, this does not
have to mean that you have to lose all of your lien rights.
The service of the Preliminary Notice becomes effective at the
date of service minus 10 days (60 days for commercial projects)
before, so if you file on the 11th (61st) day, you actually
lose your lien rights only for the 1st day. In any case, even
if you are late, serve your preliminary notices. The owners
may require that they are honored in any case.
