Construction Liens in Washington: What Homeowners Should Know -

When you hire a contractor, subcontractor, or supplier to perform work on your property, you expect to pay the agreed price and receive quality workmanship in return. But what happens if the contractor fails to pay subcontractors or suppliers, or if there is a dispute over payment? In Washington, construction liens, also known as mechanics’ liens, can come into play.

Construction liens are powerful legal tools that allow contractors and suppliers to secure payment for labor and materials by placing a claim against the property itself. For homeowners, however, liens can create significant complications, even if you already paid the general contractor in full. Understanding how liens work, your rights as a homeowner, and how to resolve disputes is essential to protecting your property.

What Is a Construction Lien?

A construction lien is a legal claim against real property by someone who has provided labor, services, or materials that improved the property. Under Washington law (RCW 60.04), contractors, subcontractors, laborers, architects, engineers, and material suppliers all have lien rights if they are not paid for their work.

Once filed, a lien becomes a public record and encumbers the property, making it difficult to sell, refinance, or transfer until the lien is resolved. If the debt remains unpaid, the lienholder may eventually seek to foreclose on the property to satisfy the claim.

How Construction Liens Affect Homeowners

For homeowners, construction liens can be frustrating and even unfair. You may pay your general contractor in full, only to discover that subcontractors or suppliers were not paid. Those unpaid parties can then file liens against your property, forcing you to resolve disputes that were not your fault.

The consequences include:

Title complications: A lien clouds the property title, preventing refinancing or sale.
Credit impact: Liens may negatively affect your credit and financial standing.
Foreclosure risk: In extreme cases, failure to resolve a lien can result in foreclosure proceedings.

This makes it critical for homeowners to understand how liens are created and how to protect themselves.

Notice Requirements Under Washington Law

Lien rights do not appear out of thin air. Washington law requires specific notices to protect both contractors and property owners.

Pre-claim notice: Subcontractors and suppliers who do not have a direct contract with the homeowner must generally provide a “Notice to Owner” within 60 days of starting work (or 10 days for residential projects). This notice alerts the homeowner to potential lien rights.
Recording the lien: The lien itself must be recorded in the county auditor’s office within 90 days of the last day labor or materials were furnished.
Enforcement: After recording, the lienholder has eight months to file a lawsuit to foreclose on the lien. If no lawsuit is filed, the lien expires.

Homeowners should carefully review all lien notices and maintain thorough records of payments made.

Defenses Against Construction Liens

Homeowners are not without defenses. Some common arguments against liens include:

Payment in full: If the homeowner has already paid the contractor as agreed, the lien may not be enforceable.
Procedural errors: Liens must meet strict statutory requirements, including timely filing, accurate descriptions, and proper service. Defective liens may be invalid.
Fraud or bad faith: If the lien is exaggerated or filed in bad faith, the homeowner may have claims for damages against the filer.

Because lien law is highly technical, consulting an attorney to evaluate defenses is often necessary.

Preventing Construction Liens

The best way to deal with liens is to prevent them from arising in the first place. Homeowners can take proactive steps, including:

Hiring licensed and bonded contractors: Verify licensing through the Washington State Department of Labor & Industries.
Requiring lien waivers: Obtain lien releases from contractors, subcontractors, and suppliers as payments are made.
Paying subcontractors directly: In some cases, joint checks made payable to both the contractor and subcontractor can ensure payment is received.
Keeping detailed records: Maintain copies of all contracts, invoices, change orders, and proof of payment.

These practices help protect your property and minimize the risk of unexpected liens.

Resolving a Construction Lien

If a lien has already been filed against your property, resolution options include:

Negotiation: Many liens can be resolved by negotiating directly with the contractor or subcontractor.
Payment and lien release: Paying the lien (or disputing part of it) may result in a formal release being filed.
Posting a bond: In some cases, a homeowner can “bond off” the lien by posting a surety bond, which removes the lien from the property while the dispute continues in court.
Litigation: If the lienholder refuses to release the lien or the homeowner disputes the claim, litigation may be necessary to resolve the matter.

Because liens affect title and can prevent property transactions, swift action is usually required.

Construction liens are powerful legal tools for contractors and suppliers, but they can create significant hardship for homeowners. Even diligent homeowners who pay contractors in full may face liens if subcontractors or suppliers go unpaid. By understanding how liens work, recognizing notice requirements, and taking proactive steps to protect yourself, you can reduce the risk of disputes and safeguard your property.

At the Law Office of Erin Bradley McAleer, we represent homeowners in lien disputes, helping clients remove improper liens, resolve contractor conflicts, and protect their property rights. If you are facing a construction lien issue, contact our office for experienced legal guidance.