Bond or Lien Claim-Public Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond and Lien on Trust Fund.
Scope: State of Washington, Public Works.

Time Constraints: You must have served a Preliminary Notice on all required parties before you can establish lien rights in the State of Washington. Failure to do so negates your lien rights. See the State of Washington memo on Preliminary Notices, Public Works, for more information.

You must serve your Notice of Claim on Bond and Lien on Trust Fund within 30 days, inclusive, of the completion, or cessation, of your work of improvement or supplying of material or services for improvement. Serve a copy of said notice on the public entities and, if they exist, the general contractors, lenders and sureties.

Perfection: Lien Claim: To perfect your Lien Claim, you must file suit to enforce the lien within 4 months of the completion or acceptance of the project.

Payment Bond: Where a Payment Bond has been provided by a surety, see the bond for specific requirements, but in any case file suit against the surety within 4 months of the completion or cessation of your work.

The usual remedy is to file to enforce all claims in one suit (see below, “Procedures”). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien on Trust Fund and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien on Trust Fund on the public entities, general contractors and sureties, if known.

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