Title 60 — Title 60 LIENS
28 chapters · 223 sections in this title.
RCW 60.04.011 Definitions.
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Unless the context requires otherwise, the definitions in this section apply throughout this chapter.(1) "Construction agent" means any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement t…
RCW 60.04.021 Lien authorized.
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Except as provided in RCW 60.04.031, 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 a…
RCW 60.04.031 Notices—Exceptions.
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(1) Except as otherwise provided in this section, every person furnishing professional services, materials, or equipment for the improvement of real property shall give the owner or reputed owner notice in writing of the right to claim a lien. If the prime contractor is in compli…
RCW 60.04.035 Acts of coercion—Application of chapter 19.86 RCW.
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The legislature finds that acts of coercion or attempted coercion, including threats to withhold future contracts, made by a contractor or developer to discourage a contractor, subcontractor, or material or equipment supplier from giving an owner the notice of right to claim a li…
RCW 60.04.041 Contractor registration.
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A contractor or subcontractor required to be registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW, or otherwise required to be registered or licensed by law, shall be deemed the construction agent of the owner for the purposes of establishing the lien created by…
RCW 60.04.051 Property subject to lien.
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The lot, tract, or parcel of land which is improved is subject to a lien to the extent of the interest of the owner at whose instance, directly or through a common law or construction agent the labor, professional services, equipment, or materials were furnished, as the court dee…
RCW 60.04.061 Priority of lien.
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The claim of lien created by this chapter upon any lot or parcel of land shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of…
RCW 60.04.071 Release of lien rights.
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Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the perso…
RCW 60.04.081 Frivolous claim—Procedure.
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(1) Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior…
RCW 60.04.091 Recording—Time—Contents of lien.
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Every person claiming a lien under RCW 60.04.021 shall file for recording, in the county where the subject property is located, a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment or the…
RCW 60.04.101 Separate residential units—Time for filing.
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When furnishing labor, professional services, materials, or equipment for the construction of two or more separate residential units, the time for filing claims of lien against each separate residential unit shall commence to run upon the cessation of the furnishing of labor, pro…
RCW 60.04.111 Recording—Fees.
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The county auditor shall record the notice of claim of lien in the same manner as deeds and other instruments of title are recorded under chapter 65.08 RCW. Notices of claim of lien for registered land need not be recorded in the Torrens register. The county auditor shall charge …
RCW 60.04.121 Lien—Assignment.
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Any lien or right of lien created by this chapter and the right of action to recover therefor, shall be assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made.[ 1991 c 281 s 12.]
RCW 60.04.131 Claims—Designation of amount due.
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In every case in which the notice of claim of lien is recorded against two or more separate pieces of property owned by the same person or owned by two or more persons jointly or otherwise, who contracted for the labor, professional services, material, or equipment for which the …
RCW 60.04.141 Lien—Duration—Procedural limitations.
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No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time in the superior court in the county where the subject pr…
RCW 60.04.151 Rights of owner—Recovery options.
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The lien claimant shall be entitled to recover upon the claim recorded the contract price after deducting all claims of other lien claimants to whom the claimant is liable, for furnishing labor, professional services, materials, or equipment; and in all cases where a claim of lie…
RCW 60.04.161 Bond in lieu of claim.
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Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who disputes the correctness or validity of the claim of lien may record, either before or after the commencement of an action to enforce the …
RCW 60.04.171 Foreclosure—Parties.
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The lien provided by this chapter, for which claims of lien have been recorded, may be foreclosed and enforced by a civil action in the court having jurisdiction in the manner prescribed for the judicial foreclosure of a mortgage. The court shall have the power to order the sale …
RCW 60.04.181 Rank of lien—Application of proceeds—Attorneys' fees.
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(1) In every case in which different construction liens are claimed against the same property, the court shall declare the rank of such lien or class of liens, which liens shall be in the following order:(a) Liens for the performance of labor;(b) Liens for contributions owed to e…
RCW 60.04.190 Destruction or concealment of property—Removal from premises—Penalty.
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See RCW 61.12.030, 9.45.060.
RCW 60.04.191 Effect of note—Personal action preserved.
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The taking of a promissory note or other evidence of indebtedness for any labor, professional services, material, or equipment furnished for which a lien is created by this chapter does not discharge the lien therefor, unless expressly received as payment and so specified therein…
RCW 60.04.201 Material exempt from process—Exception.
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Whenever material is furnished for use in the improvement of property subject to a lien created by this chapter, the material is not subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the material, except a debt due for the purcha…
RCW 60.04.211 Lien—Effect on community interest.
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The claim of lien, when filed as required by this chapter, shall be notice to the spouse or the domestic partner of the person who appears of record to be the owner of the property sought to be charged with the lien, and shall subject all the community interest of both spouses or…
RCW 60.04.221 Notice to lender—Withholding of funds.
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Any lender providing interim or construction financing where there is not a payment bond of at least fifty percent of the amount of construction financing shall observe the following procedures and the rights and liabilities of the lender and potential lien claimant shall be affe…
RCW 60.04.226 Financial encumbrances—Priorities.
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Except as otherwise provided in RCW 60.04.061 or 60.04.221, any mortgage or deed of trust shall be prior to all liens, mortgages, deeds of trust, and other encumbrances which have not been recorded prior to the recording of the mortgage or deed of trust to the extent of all sums …
RCW 60.04.230 Construction projects—Notice to be posted by prime contractor—Penalty.
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(1) For any construction project costing more than five thousand dollars the prime contractor shall post in plain view for the duration of the construction project a legible notice at the construction jobsite containing the following:(a) The legal description, or the tax parcel n…
RCW 60.04.250 Informational materials on construction lien laws—Master documents.
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The department of labor and industries shall prepare master documents that provide informational material about construction lien laws and available safeguards against real property lien claims. The material shall include methods of protection against lien claims, including obtai…
RCW 60.04.255 Informational materials on construction lien laws—Copies—Liability.
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(1) Every real property lender shall provide a copy of the informational material described in RCW 60.04.250 to all persons obtaining loans, the proceeds of which are to be used for residential construction or residential repair or remodeling.(2) Every contractor shall provide a …
RCW 60.04.261 Availability of information.
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The prime contractor shall immediately supply the information listed in RCW 19.27.095(2) to any person who has contracted to supply materials, equipment, or professional services or who is a subcontractor on the improvement, as soon as the identity and mailing address of such sub…
RCW 60.04.900 Liberal construction—1991 c 281.
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RCW 19.27.095, 60.04.230, and 60.04.011 through 60.04.226 and 60.04.261 are to be liberally construed to provide security for all parties intended to be protected by their provisions.[ 1991 c 281 s 25.]
RCW 60.04.902 Effective date, application—1991 c 281.
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This act shall take effect June 1, 1992. Lien claims based on an improvement commenced by a potential lien claimant on or after June 1, 1992, shall be governed by the provisions of this act.[ 1992 c 126 s 14; 1991 c 281 s 32.]
RCW 60.04.903 Effective date—1992 c 126.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1992, except section 14 of this act which shall take effect immediately [March 31, 1…
RCW 60.04.904 Application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992—1993 c 357.
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All rights acquired and liabilities incurred under acts or parts of act repealed by chapter 281, Laws of 1991, are hereby preserved, and all actions pending as of June 1, 1992, shall proceed under the law as it existed at the time chapter 281, Laws of 1991, took effect.[ 1993 c 3…