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Washington (WA)

Washington lien waiver requirements

Washington doesn't prescribe a lien waiver form, but RCW 60.04.071 requires a release on payment and demand.

Revised Code of Washington Chapter 60.04

No. Washington does not prescribe a specific lien waiver form, so the language in your contract or waiver template controls, as long as it meets the substantive requirements in RCW 60.04. A vague waiver, or one missing a required element, can still be challenged later.

The short version

Washington's mechanic's lien chapter, RCW 60.04, doesn't prescribe a statutory waiver form. Most claimants use the same four-type structure as California (conditional progress, unconditional progress, conditional final, unconditional final). RCW 60.04.071 does require the claimant to prepare and deliver a release of lien rights upon payment and demand by the owner. Add the 60-day preliminary notice and 90-day filing deadline, and timing controls everything.

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At a glance

  • RCW Chapter 60.04: governs mechanic's liens
  • RCW 60.04.071: release required on payment and demand
  • No statutory waiver form
  • 90-day deadline to file the lien; 60-day Notice to Owner required

What Washington law actually requires

RCW 60.04 governs mechanic's liens but does not prescribe a waiver form. The four-type framework (conditional progress, unconditional progress, conditional final, unconditional final) is the working industry standard. Plain-English partial waivers tied to a specific pay app are enforceable when the scope is clear.

RCW 60.04.071 requires a claimant to immediately prepare and deliver a release of lien rights once payment is received and the owner demands it. That's a separate duty from signing a waiver at the time of payment.

Preliminary notice controls Washington timing

Most sub-tier claimants in Washington must give a Notice to Owner within 60 days of first furnishing labor or materials. Miss the notice and you've capped your lien rights to work performed in the 60 days before the notice was given.

The lien itself must be recorded within 90 days of last furnishing. Combine the 60-day notice and the 90-day filing deadline, and a sub who hasn't been paid on a Washington job is running a tight clock.

Common Washington mistakes

Ignoring the 60-day Notice to Owner. Without it, the sub loses lien coverage for the work performed more than 60 days before the notice.

Forgetting RCW 60.04.071. Once payment is made and the owner demands a release, the claimant must deliver one immediately.

Sending an unconditional waiver before the check clears. Washington doesn't write a bold notice into the form, but the legal risk is identical.

Questions

No. RCW 60.04 does not prescribe a waiver form. The four-type California-style framework is the working industry standard.

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