Preliminary Notice-Public 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: Preliminary Notice of Intent to Claim against Bond

Scope: State of Washington, Public Works.

Time Constraints: There are different requirements for Public Improvement Liens and Claims on Public Bonds, and preliminary notices must be served as follows:

To establish a claim on the Public Bond: Obtain a copy of the bond, if possible, for specifics, but in most cases material men must serve your Preliminary Notice of Furnishing Materials or Services on the prime contractors by personal service or certified mail within 10 days of first furnishing materials. We suggest that you also serve a copy on the bonding company, if known. All other claimants may serve their notice within 30 days after formal acceptance of the project.

Because of the time constraints listed above, we strongly urge you to serve all preliminary notices within 10 days of first furnishing materials or services to avoid losing your right to lien.

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Preliminary Notice of Intent to Claim against Bond, Exhibits A-D (if needed) and Owner Letter (if used).

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 public entities, all general contractors, all lenders and all sureties. Sending a copy to your customer is optional (unless they are the public entities, general contractors, lender or sureties).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare and serve your preliminary notice within the time frames listed 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 10 days before, so if you file on the 11th 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 public entity may require that they are honored in any case.

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