Washington

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COMMERCIAL:

  • Upfront Notice:
    • Notice to Owner: (Notice of Right to Claim a Lien)
      • Required within 60 days of your first delivery or work on the job.
  • Follow-up Notice (if not paid):
    • Notice to Lender: (Stop Notice)
      • This optional notice is essentially a “Stop Notice”. It instructs the Lender to withhold the amount of funds necessary to cover the claim, unless a bond is posted covering these amounts.
      • This notice is required between 5 days of the due date of the amount owed and 35 days of the due date. It is sent by certified mail to the lender, owner and prime contractor.
      • This notice is only effective on undisbursed funds.
      • It’s important to follow the date requirements above. “Any potential lien claimant shall be liable for any loss, cost, or expense, including reasonable attorneys’ fees and statutory costs, to a party injured thereby arising out of any unjust, excessive, or premature noticeā€¦.”

RESIDENTIAL:

  • Upfront Notice:
    • Notice to Owner: (Notice of Right to Claim a Lien)
      • For existing residential construction, this notice is required within 60 days of your first delivery or work on the job.
        • Lien rights are limited to money not yet paid to the prime contractor at the time the notice is received (defined as actual receipt or 3 business days after mailing by certified mailing). Therefore, this notice should be sent as soon as possible.
    • For new construction of a single-family residence, this notice is required within 10 days of your first delivery or work on the job.
    • BICA assumes the 10-day deadline on all Washington residential jobs.

PUBLIC:

  • Upfront Notice:
    • Notice of Furnishing and Right of Retainage Lien
      • In order to retain lien rights on the retainage amount of a contract, this notice is required within 60 days of first delivery.
      • For a supplier to a subcontractor to retain rights to the bond, the Notice of Furnishing is required within 10 days of first delivery.
      • BICA will send a “combo” notice covering both required notices, using the 10-day deadline on all public jobs.
  • Follow-up Notice: (if not paid)
    • Notice of Bond Claim:
      • Required within 30 days of the final completion and acceptance of the project.
      • This notice is available on BICA’s member portal.