Washington Notice to Owner, Private Works
Notice to Owner-Private Works
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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 to Owner of Furnishing Labor, Materials or Equipment.
Scope: State of Washington, Private Works
Time Constraints: The time requirements for serving your preliminary notice depend on the type of private job you are performing:
Residential Job: A Notice of Commencement of Furnishing Labor, Materials or Equipment must be prepared and served on the owners and general contractors (and sureties, if one exists) by personal service or certified mail no later than 10 days after first furnishing of labor, materials or service.
Commercial Job: A Notice of Commencement of Furnishing Labor, Materials or Equipment must be prepared and served on the owners and general contractors (and sureties, if one exists) by personal service or certified mail no later than 60 days after first furnishing of labor, materials or service.
If you are a general contractor, you need to use the Notice to Customer form. Go to your Company Setup and make sure the Company for the job has the “General Contractor” box checked.
As a practical matter, we strongly urge you to serve all jobs as though they are Residential jobs. This will prevent any service time frame errors.
Special Note: Architects, engineers, inspectors and surveyors may also establish lien rights if they file a copy of the preliminary notice with the county recorder's office prior to performing services and if they serve an attested copy (stamped by the county recorder's office) within the above time frames noted above.
Information Requirements: The information required by program and whether you intend to send an owner cover letter or need to file a copy of your Notice of Commencement with the County Recorders Office (See below).
Form Types: Notice of Commencement of Furnishing Labor, Materials or Equipment, Exhibits A-D (if needed), owner Letter (if used) and Recorder letter (if needed).
Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all legal owners, all general contractors, all lenders and all sureties. Sending a copy to your customer is optional (unless they are the owners, general contractors, lenders or sureties). Where necessary (see above) file a copy with the county recorder's office prior to service.
When in doubt, file your lien claim immediately.
Important: If you fail to prepare and serve your Preliminary Notice within the time frames mentioned above after first furnishing of labor, materials or service, this does not have to mean that you have to lose all of your lien rights. The service of the Preliminary Notice becomes effective at the date of service minus 10 days (60 days for commercial projects) before, so if you file on the 11th (61st) day, you actually lose your lien rights only for the 1st day. In any case, even if you are late, serve your preliminary notices. The owners may require that they are honored in any case.
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