H-1404              _______________________________________________

                                                   HOUSE BILL NO. 1798

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representative Walk

Read first time 2/6/89 and referred to Committee on Judiciary. Referred 2/15/89 to Committee on Commerce & Labor.

AN ACT Relating to notice of materialmen's liens; and amending RCW 60.04.020.

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

        Sec. 1.  Section 1, chapter 45, Laws of 1909 as last amended by section 4, chapter 202, Laws of 1984 and RCW 60.04.020 are each amended to read as follows:

(1) Except as otherwise provided in subsection (2) of this section, every person, firm or corporation furnishing materials or supplies or renting, leasing or otherwise supplying equipment, to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dyke, flume, tunnel, well, fence, machinery, railroad, street railway, wagon road, aqueduct to create hydraulic power, or any other building, or any other structure, or mining claim or stone quarry, shall give to the owner or reputed owner of the property on, upon or about which such materials or supplies or equipment is and/or were used, a notice in writing, which notice shall cover the material, supplies or equipment furnished or leased during the sixty days preceding the giving of such notice as well as all subsequent materials, supplies or equipment furnished or leased, stating in substance and effect that such person, firm or corporation is and/or has furnished materials and supplies, or equipment for use thereon, with the name of the contractor or agent ordering the same, and that a lien may be claimed for all materials and supplies, or equipment furnished by such person, firm or corporation for use thereon, which notice shall be given to the owner or reputed owner by (((1))) (a) mailing the same by registered or certified mail in an envelope addressed to the owner or reputed owner at his place of residence or reputed residence,  or (((2))) (b) by serving the same personally upon the owner or reputed owner and obtaining evidence of such service in the form of a receipt or other acknowledgment signed by such owner or reputed owner, and (((3))) (c) if the prime contractor complies with RCW 60.04.230, the notice shall also be given to the prime contractor as defined in RCW 60.04.200(6) by (((a))) (i) any form of mail requiring a return receipt or (((b))) (ii) by serving the notice personally upon the prime contractor or the prime contractor's representative and obtaining evidence of such service in the form of a receipt or other acknowledgement signed by the prime contractor or the prime contractor's representative:  PROVIDED, HOWEVER, That with respect to materials or supplies or equipment used in construction, alteration or repair of any single family residence or garage such notice must be given not later than ten days after the date of the first delivery of such materials or supplies or equipment.  No materialmen's lien shall be enforced unless the provisions of this section have been complied with:  PROVIDED, That in the event the notice required by this section is not given within the time specified by this section, any lien or claim of lien shall be enforceable only for materials and supplies or equipment delivered subsequent to such notice being given to the owner or reputed owner, and such lien or claim of lien shall be secondary to any lien or claim of lien established where such notice was given within the time limits prescribed by this section.

(2) The notice requirements of this section shall not apply to a person, firm, or corporation having a claim of lien under RCW 60.04.010 who furnishes both labor and materials pursuant to a single job or bid price.