Title 60 — Title 60 LIENS
28 chapters · 223 sections in this title.
RCW 60.24.195 Sale of property subject to lien—When.
0.5K chars
The court or judge may order any property subject to a lien as in this chapter provided to be sold by the sheriff as personal property is sold on execution either before or at the time judgment is rendered, as provided in RCW 60.24.190, and the proceeds of such sale must be paid …
RCW 60.24.200 Damages for eloigning, injuring, destroying, or removing marks, etc.—Recovery.
0.8K chars
Any person who shall eloign, injure, or destroy, or who shall render difficult, uncertain, or impossible of identification any saw logs, spars, piles, shingles, or other timber upon which there is a lien as herein provided, without the express consent of the person entitled to su…
RCW 60.28.011 Retained percentage—Public transportation projects—Labor and material lien created—Bond in lieu of retained funds—Termination before completion—Chapter deemed exclusive—Release of ferry contract payments—Projects of farmers home administration—General contractor/construction manager procedure—Definitions.
11.3K chars
(1)(a) Except as provided in (b) of this subsection, public improvement contracts must provide, and public bodies must reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (i) The claims…
RCW 60.28.015 Recovery from retained percentage—Written notice to contractor of materials furnished.
1.5K chars
Every person, firm, or corporation furnishing materials, supplies, or equipment to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall give to the co…
RCW 60.28.021 Excess over lien claims paid to contractor.
1.7K chars
After the expiration of the forty-five day period for giving notice of lien provided in RCW 60.28.011(2), and after receipt of the certificates of the department of revenue, the employment security department, and the department of labor and industries, and the public body is sat…
RCW 60.28.030 Foreclosure of lien—Limitation of action—Release of funds.
1.9K chars
Any person, firm, or corporation filing a claim against the reserve fund shall have four months from the time of the filing thereof in which to bring an action to foreclose the lien. The lien shall be enforced by action in the superior court of the county where filed, and shall b…
RCW 60.28.040 Tax liens—Priority of liens.
2.4K chars
(1) Subject to subsection (5) of this section, the amount of all taxes, increases, and penalties due or to become due under Title 82 RCW, from a contractor or the contractor's successors or assignees with respect to a public improvement contract wherein the contract price is thir…
RCW 60.28.051 Duties of disbursing officer upon completion of contract.
1.2K chars
Upon completion of a contract, the state, county, or other municipal officer charged with the duty of disbursing or authorizing disbursement or payment of such contracts shall forthwith notify the department of revenue, the employment security department, and the department of la…
RCW 60.28.060 Duties of disbursing officer upon final acceptance of contract—Request of payment of taxes, increases, penalties, and claims.
1.7K chars
If within thirty days after receipt of notice by the department of revenue, the employment security department, and the department of labor and industries of the completion of the contract, the amount of all taxes, increases, and penalties due from the contractor or any of his or…
RCW 60.28.080 Delay due to litigation—Change order or force account directive—Costs—Arbitration—Termination.
2.1K chars
(1) If any delay in issuance of notice to proceed or in construction following an award of any public construction contract is primarily caused by acts or omissions of persons or agencies other than the contractor and a preliminary, special or permanent restraining order of a cou…
RCW 60.30.010 Retainage.
2.7K chars
(1) An owner, contractor, subcontractor, or supplier may withhold as retainage an amount equal to not more than five percent of the contract price of the work completed for private construction projects. Partial payment allowed under this subsection is not acceptance or approval …
RCW 60.30.020 Retainage bonds—Authorized surety.
2.0K chars
(1) In lieu of retainage, a subcontractor, supplier, or contractor may tender, and a contractor or owner must accept, a retainage bond in an amount not to exceed five percent of the moneys earned by the subcontractor, supplier, or contractor.(2) A subcontractor or contractor must…
RCW 60.30.030 Application.
0.2K chars
RCW 60.30.010 and 60.30.020 only apply to private construction projects and do not apply to public improvement contracts, as defined in RCW 60.28.011.[ 2023 c 373 s 3.]
RCW 60.32.010 Liens authorized.
0.8K chars
Every person performing labor for any person, company, or corporation, in the operation of any railway, canal, or transportation company, or any water, mining, or manufacturing company, sawmill, lumber or timber company, shall have a prior lien on the franchise, earnings, and on …
RCW 60.32.020 Notice of lien—Contents—Filing and serving.
1.1K chars
No person shall be entitled to the lien given by RCW 60.32.010, unless he or she shall, within ninety days after he or she has ceased to perform labor for such person, company, or corporation, filed for record with the county auditor of the county in which said labor was performe…
RCW 60.32.030 Manner of serving notice.
0.2K chars
Service of notice, as herein required, may be made in the same manner as summons in civil actions.[ 1897 c 43 s 3; RRS s 1151.]Notes:Service of summons in civil actions: RCW 4.28.080.
RCW 60.32.040 Manner of enforcing liens.
0.1K chars
Any such lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed.[ 1897 c 43 s 4; RRS s 1152.]
RCW 60.32.050 Receiver or assignee to pay claims first.
0.3K chars
Whenever a receiver or assignee is appointed for any person, company or corporation, the court shall require such receiver or assignee to pay all claims for which a lien could be filed under this chapter, before the payment of any other debts or claims, other than operating expen…
RCW 60.34.010 Liens authorized.
0.5K chars
Every person performing labor in the operation of any restaurant, hotel, tavern, or other place of business engaged in the selling of prepared foods or drinks, or any hotel service employee, shall have a lien on the earnings and on all the property of his or her employer used in …
RCW 60.34.020 Notice of lien—Contents—Filing and serving.
0.6K chars
The lien claimant shall within thirty days after he or she has ceased to perform such labor, file for record with the auditor of the county in which the labor was performed a notice of claim, containing a statement of his or her demand, the name of the employer and the name of th…
RCW 60.34.030 Manner of serving notice.
0.2K chars
Service of the notice of claim may be made in the same manner as summons in civil actions.[ 1953 c 205 s 3.]Notes:Service of summons in civil actions: RCW 4.28.080.
RCW 60.34.040 Manner of enforcing liens—Costs.
0.4K chars
The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed, when said lien is upon real property, or in the same manner as provided in chapter 60.10 RCW when the lien is upon personal property. The court may allow as part of the costs …
RCW 60.34.050 Priority of lien.
0.4K chars
The lien created herein shall be preferred to any encumbrance which may attach after the commencement of the labor and is also preferred to any encumbrance which may have attached previously to that time, but which was not filed or recorded so as to create constructive notice the…
RCW 60.36.010 Liens created.
2.1K chars
All steamers, vessels and boats, their tackle, apparel and furniture, are liable—(1) For service rendered on board at the request of, or under contract with their respective owners, charterers, masters, agents or consignees.(2) For work done or material furnished in this state fo…
RCW 60.36.020 Actions to enforce liens.
0.4K chars
Such liens may be enforced, in all cases of maritime contracts or service, by a suit in admiralty, in rem, and the law regulating proceedings in admiralty shall govern in all such suits; and in all cases of contracts or service not maritime, by a civil action in any superior cour…
RCW 60.36.030 Liens for handling cargo.
0.9K chars
All steamers, vessels, and boats, their tackle, apparel, and furniture shall be held liable at all ports and places within this state or within the jurisdiction of the courts of this state or within the jurisdiction of the courts of the United States in said state for services re…
RCW 60.36.040 Liens for handling cargo—Priority.
0.7K chars
Demands for wages and all sums due under contracts or otherwise for the performance of all or any of the services mentioned in RCW 60.36.030 shall constitute liens upon all steamers, vessels, and boats, their tackle, apparel, and furniture, and shall have priority over all other …
RCW 60.36.050 Liens for handling cargo—Foreclosure.
0.1K chars
The liens hereby created may be foreclosed as provided in RCW 60.10.023.[ 1995 c 62 s 10; 1969 c 82 s 13; 1901 c 75 s 3; RRS s 1186.]
RCW 60.36.060 Lien for breach of contract for towing, dunnaging, stevedoring, etc.
0.8K chars
Whenever the owner, charterer, or any person or corporation operating, managing or controlling any steamship, vessel or boat shall wilfully fail, neglect or refuse to carry out or perform any express contract or portion thereof for the towing, loading, unloading, dunnaging or ste…
RCW 60.40.010 Lien created—Enforcement—Definition—Exception.
3.5K chars
(1) An attorney has a lien for his or her compensation, whether specially agreed upon or implied, as hereinafter provided:(a) Upon the papers of the client, which have come into the attorney's possession in the course of his or her professional employment;(b) Upon money in the at…
RCW 60.40.020 Proceedings to compel delivery of money or papers.
0.5K chars
When an attorney refuses to deliver over money or papers, to a person from or for whom he or she has received them in the course of professional employment, whether in an action or not, he or she may be required by an order of the court in which an action, if any, was prosecuted,…
RCW 60.40.030 Procedure when lien is claimed.
0.7K chars
If, however, the attorney claim a lien, upon the money or papers, under the provisions of *this chapter, the court or judge may: (1) Impose as a condition of making the order, that the client give security in a form and amount to be directed, to satisfy the lien, when determined …
RCW 60.42.005 Definitions.
4.8K chars
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commercial real estate" means a fee title interest or possessory estate in real property located in this state except an interest in real property which is (a) improve…
RCW 60.42.010 Lien upon personal property—Effective date—Notice of claim of lien—Waiver of lien rights—Court costs, attorneys' fees, and statutory interest.
7.7K chars
(1) The lien created under this chapter is a lien upon personal property, not upon real property.(2) A broker has a lien upon the owner's net proceeds from the disposition of commercial real estate and a lien upon the net rental proceeds from the lease of commercial real estate i…
RCW 60.42.020 Disputed claim—Order to show cause—Hearing.
2.0K chars
(1) An owner of commercial real estate subject to a recorded notice of claim of lien against proceeds under this chapter, who disputes the broker's claim in the notice of claim of lien against proceeds, may apply by motion to the superior court for the county where the commercial…
RCW 60.42.030 Lien on net rental proceeds—Order to show cause—Hearing.
2.4K chars
(1) If a broker has a lien on net rental proceeds pursuant to RCW 60.42.010(2), and the broker has recorded a notice of claim of lien against proceeds and otherwise complied with the requirements of this chapter, the broker may apply by motion to the superior court for the county…
RCW 60.42.040 Priority of lien claims.
0.8K chars
All statutory liens, consensual liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing thereunder, whether voluntary or obligatory, and all modifications, extensions, renewals, and replacements thereof, r…
RCW 60.42.050 Deposit made pending resolution of amounts due—Recording of receipt—Release of notice of claim of lien.
0.6K chars
A notice of claim of lien against proceeds recorded under this chapter must be released without further act, upon the recording of a receipt showing the deposit with the superior court of the county in which the commercial real estate, or some part thereof, is located, of an amou…
RCW 60.42.060 County auditor or recorder—Duties—Fees.
0.6K chars
The county auditor or recorder shall record the notice of claim of lien against proceeds, and any release thereof, in the same manner as deeds and other instruments of title are recorded under chapter 65.08 RCW. Notices of claim of lien against proceeds for registered land need n…
RCW 60.42.070 Delivery of notice of claim of lien—Form—Time effective—Address.
1.1K chars
Notices to be delivered to a party under this chapter, other than service of process as required in civil actions, shall be by service of process, or by registered or certified mail, return receipt requested, or by personal or electronic delivery and obtaining evidence of deliver…
RCW 60.42.900 Application.
0.1K chars
This chapter applies to lien claims based on a commission agreement entered into on, or after, July 27, 1997.[ 1997 c 315 s 9.]
RCW 60.42.901 Short title.
0.1K chars
This chapter may be known and cited as the commercial real estate broker lien act.[ 1997 c 315 s 10.]
RCW 60.44.010 Liens authorized.
1.2K chars
Every operator, whether private or public, of an ambulance service or of a hospital, and every duly licensed nurse, practitioner, physician, and surgeon rendering service, or transportation and care, for any person who has received a traumatic injury and which is rendered by reas…
RCW 60.44.020 Person entitled to lien under RCW 60.44.010—Notice of lien—Contents—Filing.
1.4K chars
No person shall be entitled to the lien given by RCW 60.44.010 unless such person:(1) In any effort to enforce the lien, either attempts to enforce the lien on his or her own behalf or designates a collection agency licensed under chapter 19.16 RCW to collect on his or her behalf…
RCW 60.44.030 Record of claims.
0.3K chars
The county auditor shall record the claims mentioned in this chapter, which record must be indexed as deeds and other conveyances are required by law to be indexed.[ 1999 c 233 s 6; 1937 c 69 s 3; RRS s 1209-4.]Notes:Effective date—1999 c 233: See note following RCW 4.28.320.
RCW 60.44.040 Taking note—Effect on lien.
0.3K chars
The taking of a promissory note or other evidence of indebtedness for any services performed, as provided in this chapter, shall not discharge the lien therefor unless expressly received as a payment for such services and so specified therein.[ 1937 c 69 s 4; RRS s 1209-4.]
RCW 60.44.050 Settlement of damages—Effect on lien.
0.7K chars
No settlement made by and between the patient and tort feasor and/or insurer shall discharge the lien against any money due or owing by such tort feasor or insurer to the patient or relieve the tort feasor and/or insurer from liability by reason of such lien unless such settlemen…
RCW 60.44.060 Enforcement of lien—Payment as evidence—Release of lien.
1.1K chars
(1) Such lien may be enforced by a suit at law brought by the claimant or his or her assignee within one year after the filing of such lien against the said tort feasor and/or insurer. In the event that such tort feasor and/or insurer shall have made payment or settlement on acco…
RCW 60.45.010 Medical care to injured recipient—Recovery of cost against tort feasor or tort feasor's insurer—Lien created, filing—Payment to recipient does not discharge lien.
0.0K chars
See RCW 74.09.180, 43.20B.040, and 43.20B.050.
RCW 60.52.010 Liens authorized—Filing statement.
0.8K chars
In order to secure to the owner or owners of sires payment for service, the following provisions are enacted: That every owner of a sire having a service fee, in order to have a lien upon the female served, and upon the get of any such sire, under the provisions of this chapter, …