Page 51 - State Law Summary of Mechanic's Lien Law

Washington WA

What is the statutory authority? If priority of the insured mortgage/deed of trust is lost, is there a
RCWA § 60.04.011 et. seq. statutory procedure to regain priority?
No.
What is the Attachment Date of the Mechanic’s Lien?
A lien attaches as of the date of commencement of work or first delivery of When does a mechanic’s lien have to be filed for claimant to maintain
materials by the lien claimant. RCWA § 60.04.061. lien rights?
Any person furnishing labor, professional services, materials, or equipment for
What constitutes visible commencement of construction? the improvement of real property shall have a lien upon the improvement for the
“Furnishing labor, professional services, materials, or equipment” means the contract price of labor, professional services, materials, or equipment furnished at
performance of any labor or professional services, the contribution owed to any the instance of the owner, or the agent or construction agent of the owner. RCWA
employee benefit plan on account of any labor, the provision of any supplies or § 60.04.021.
materials, and the renting, leasing, or otherwise supplying of equipment for the
improvement of real property. RCWA § 60.04.011(4). Every person claiming a lien under RCWA § 60.04.021 shall file for recording, in
the county where the subject property is located, a notice of claim of lien not later
By statute, mechanic’s liens take priority over any lien, mortgage, deed of trust, or than 90 days after the person has ceased to furnish labor, professional services,
other encumbrance attaching to the land or recorded after the “commencement of materials, or equipment. RCWA § 60.04.091.
labor or professional services or first delivery of materials or equipment by the lien
claimant.” RCWA § 60.04.061. Lienable work, including professional services, must What is the period of enforcement of a filed mechanic’s lien?
be done “for the improvement of real property.” RCWA § 60.04.021. “Professional No lien created by this chapter binds the property subject to the lien for a longer
services” are “surveying, establishing or marking the boundaries of, preparing period than eight calendar months after the claim of lien has been recorded unless
maps, plans, or specifications for, or inspecting, testing, or otherwise performing an action is filed by the lien claimant within that time in the superior court in the
any other architectural or engineering services for the improvement of real county where the subject property is located to enforce the lien, and service is
property.” RCWA § 60.04.011(13). The definition of “improvement” includes, among made upon the owner of the subject property within ninety days of the date of
other things, “providing professional services upon real property or in preparation filing the action; or, if credit is given and the terms thereof are stated in the claim of
for or in conjunction with the intended activities” of constructing: or landscaping. lien, then eight calendar months after the expiration of such credit; and in case the
RCWA § 60.04.011(5)(c). Shelcon Const. Group, LLC v. Haymond, 187 Wash.App. 878 action is not prosecuted to judgment within two years after the commencement
(2015). thereof, the court, in its discretion, may dismiss the action for want of prosecution,
and the dismissal of the action or a judgment rendered thereon that no lien exists
Mere preparatory activities alone do not constitute improvement. For example, shall constitute a cancellation of the lien. This is a period of limitation, which shall
digging test holes to measure the water level in the anticipation of beginning be tolled by the filing of any petition seeking protection under Title Eleven, United
construction someday does not qualify under the statute as “‘improvement.’” States Code by an owner of any property subject to the lien established by this
Colorado Structures, Inc. v. Blue Mountain Plaza, LLC, 159 Wash. App. 654, 663, chapter. RCWA § 60.04.141.
246 P.3d 835 (2011). Instead, preparatory work must be done for an immediate
purpose of beginning an improvement for lien priority to attach. Id. at 663. Finally, Is there a procedure to bond over the mechanic’s lien(s)?
for preparatory work to be lienable it must be “part of a larger, lienable, labor and Yes. Any owner of real property subject to a recorded claim of lien, or contractor,
materials contract.” Pac. Indus., Inc. v. Singh, 120 Wash. App. 1, 9, 86 P.3d 778 (2003). 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
What is the priority of the insured construction mortgage/ action to enforce the lien, in the office of the county recorder or auditor in the
deed of trust? county where the claim of lien was recorded, a bond issued by a surety company
Any lien, mortgage, deed of trust, or other encumbrance recorded before authorized to issue surety bonds in the state. RCWA § 60.04.161 (See statute for
commencement of labor or professional services or first delivery of materials or more specifics.).
equipment to the property has priority over mechanic’s liens. RCWA § 60.04.061.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Future advances under a construction mortgage or deed of trust with recording Yes.
priority have priority over mechanic’s liens regardless of when the same are
disbursed or whether the disbursements are obligatory. RCWA § 60.04.226.
See, however, lender’s obligations upon receipt of a notice from a potential lien
claimant pursuant to RCWA § 60.04.221.

(Note, however, that if professional services are not visible from an inspection
of the real property, the claimant may record a notice of furnishing in the real
property records of the county where the property is located before construction
begins to establish priority. Failure to record the notice of furnishing invalidates
the claimant’s lien against the interest of a bona fide purchaser of the property
and subordinates the lien to the interest of a bona fide mortgage or deed of trust.
RCWA § 60.04.031).

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