AN ACT Relating to liens; amending RCW 60.04.060; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 5, chapter 24, Laws of 1893 as last amended by section 6, chapter 34, Laws of 1975 and RCW 60.04.060 are each amended to read as follows:

No lien created by this chapter shall exist, and no action to enforce the same shall be maintained, unless within ninety days from the date the contributions to any type of employee benefit plan are due, of the cessation of the performance of such labor, the furnishing of such materials, or the supplying of such equipment, a claim for such lien shall be filed for record as hereinafter provided, in the office of the county auditor of the county in which the property, or some part thereof to be affected thereby, is situated. Such claim shall state, as nearly as may be, the date contributions to any type of employee benefit plan became due, the time of the commencement and cessation of performing the labor, furnishing the material, or supplying the equipment, the names of the trustees of the employee benefit plan, the name of the person who performed the labor, furnished the material, or supplied the equipment, the name of the person by whom the laborer was employed (if known), the name of the person required by agreement or otherwise to pay contributions to any type of employee benefit plan, or to whom the material was furnished, or equipment supplied, a description of the property to be charged with the lien ((~~sufficient for identification~~)) that would be sufficient to create a lien on the property if it appeared in a real estate mortgage, the name of the owner, or reputed owner if known, and if not known, that fact shall be mentioned, the amount for which the lien is claimed, and shall be signed by the claimant, or by some person in his behalf, and be verified by the oath of the claimant, or some person in his behalf, to the effect that the affiant believes the claim to be just; in case the claim shall have been assigned the name of the assignee shall be stated; and such claim of lien may be amended in case of action brought to foreclose the same, by order of the court, as pleadings may be, insofar as the interests of third parties shall not be affected by such amendment. A claim of lien shall also state the address of the claimant. A claim of lien by trustees of any type of employee benefit plan shall state, as nearly as is known to the trustees, the names of all employees on whose behalf contributions are claimed. A claim for lien substantially in the following form shall be sufficient:

.......... , claimant, vs. ..........

Notice is hereby given that on the ..... day (date of commencement of performing labor or contributions to any type of employee benefit plan became due or furnishing material or supplying equipment) .......... at the request of .......... commenced to perform labor (or to furnish material or supply equipment to be used) upon ............... (here describe property subject to the lien) of which property the owner, or reputed owner, is .......... (or if the owner or reputed owner is not known, insert the word "unknown"), the performance of which labor (or the furnishing of which material or supply of which equipment) ceased on the ..... day of .......... ; that said labor performed (the amount of contributions owed or material furnished or equipment supplied) was of the value of .......... dollars, for which labor (or contributions) (or material) (or equipment) the undersigned claims a lien upon the property herein described for the sum of .......... dollars. (In case the claim has been assigned, add the words "and .......... is assignee of said claim", or claims, if several are united.)

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.......... , being sworn, says: I am the claimant (or attorney of the claimant, or administrator, representative or agent of trustees of an employee benefit plan) above named; I have heard the foregoing claim read and know the contents thereof, and believe the same to be just.

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Subscribed and sworn to before me this ..... day of ..........

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Any number of claimants may join in the same claim for the purpose of filing the same and enforcing their liens, but in such case the amount claimed by each original lienor, respectively, shall be stated: PROVIDED, It shall not be necessary to insert in the notice of claim of lien provided for by this chapter any itemized statement or bill of particulars of such claim.

NEW SECTION. Sec. 2. Any owner of real property subject to a recorded claim of lien or the contractor or a subcontractor may record a release of lien bond, that bond shall be in a sum at least one and one-fourth times the amount claimed in the claim of lien, or if the claim of lien affects more than one parcel of real property, then one and one-fourth times the amount allocated to the parcel or parcels in the claim of lien. The condition of the bond shall be the payment of any judgment which may be recovered in a foreclosure of the lien with costs. The effect of the recording of the bond shall be to release the real property described in the claim of lien from the lien and any foreclosure thereof. Should no foreclosure of the lien be filed within the period specified in RCW 60.04.100, then the surety shall be released from the obligation under the bond and it shall be of no further force and effect.