To: . . . . | Date: . . . . |
Re: (description of property: Street address or general location.)
From: . . . .
AT THE REQUEST OF: (Name of person ordering the professional services, materials, or equipment)
THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice.
OWNER/OCCUPIER OF EXISTING
RESIDENTIAL PROPERTY
Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims.
COMMERCIAL AND/OR NEW
RESIDENTIAL PROPERTY
We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you.
Sender: . . . .
Address: . . . .
Telephone: . . . .
Brief description of professional services, materials, or equipment provided or to be provided: . . . .
IMPORTANT INFORMATION
ON REVERSE SIDE
IMPORTANT INFORMATION
FOR YOUR PROTECTION
This notice is sent to inform you that we have or will provide professional services, materials, or equipment for the improvement of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property.
LEARN more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney.
COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods.
DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice.
LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself.
YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS.
YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT.
* * * * * * * * * * * * *
(5) Every potential lien claimant providing professional services where no improvement as defined in RCW
60.04.011(5) (a) or (b) has been commenced, and the professional services provided are not visible from an inspection of the real property may record in the real property records of the county where the property is located a notice which shall contain the professional service provider's name, address, telephone number, legal description of the property, the owner or reputed owner's name, and the general nature of the professional services provided. If such notice is not recorded, the lien claimed shall be subordinate to the interest of any subsequent mortgagee and invalid as to the interest of any subsequent purchaser if the mortgagee or purchaser acts in good faith and for a valuable consideration acquires an interest in the property prior to the commencement of an improvement as defined in RCW
60.04.011(5) (a) or (b) without notice of the professional services being provided. The notice described in this subsection shall be substantially in the following form:
NOTICE OF FURNISHING
PROFESSIONAL SERVICES
That on the (day) day of (month and year) , (name of provider) began providing professional services upon or for the improvement of real property legally described as follows:
[Legal Description
is mandatory]
The general nature of the professional services provided is . . . .
The owner or reputed owner of the real property is . . . .
. . . .
| . . . . |
| (Signature) |
| . . . . |
| (Name of Claimant) |
| . . . . |
| (Street Address) |
| . . . . |
| (City, State, Zip Code) |
| . . . . |
| (Phone Number) |
(6) A lien authorized by this chapter shall not be enforced unless the lien claimant has complied with the applicable provisions of this section.