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Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Washington lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of Washington lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Washington is one of 38 states that do not regulate lien waivers, which includes not requiring the use of statutory forms. (However, the state’s Department of Labor & Industries offers a convenient sample form that parties can use.)
Washington’s only lien waiver-related statute for construction dictates that parties must exchange a lien waiver form once they’ve been paid, only if the owner requests it. Regardless, we’d recommend providing a conditional lien waiver form with every pay application and only supplying signed unconditional lien waiver forms once you’ve been paid.
Here are some other need-to-knows when handling Washington lien waivers:
- It’s perfectly legal to waive lien rights in the contract or before payment. This means parties can draft any clause they want, including language that works against your best interests. It’s up to you to carefully review the lien waiver form and corresponding contract to advocate for mutually beneficial payment terms.
- Advance lien waivers are allowed in Washington, meaning lien rights can be waived before work starts or materials are supplied.
Washington doesn’t provide a specific statutory lien waiver form.
Both conditional and unconditional lien waivers are accepted in Washington.
Both conditional and unconditional lien waivers are accepted in Washington.
To be considered valid in Washington, a lien waiver must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
Washington allows parties to waive lien rights in the contract, even before work begins.
Lien rights can be waived prior to payment in Washington.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
No, Washington doesn’t provide parties with a specific statutory form to use for lien waivers. However, Washington’s Department of Labor & Industries provides a sample form construction teams can use if they’d like.
Though Washington lien waivers aren’t regulated by law, they are only valid if the:
- Clearly state the amount being waived and the property to which they apply and
- Are signed by the party waiving their lien rights.
Washington state law requires construction teams to “immediately prepare and execute a
release of all lien rights for which payment has been made” if the owner requests it. We recommend submitting lien waivers regardless—but the state doesn’t offer guidance for their exchange if they’re not explicitly asked for.
For a quick lien waiver breakdown: Conditional lien waivers, which are only effective once
payment is received, are exchanged with progress payment applications. Unconditional
lien waivers, which become binding upon signature, are typically submitted after payment is received. (Check out our handy lien waiver guide for a more detailed explanation.)
Technically, lien waiver provisions can be added to Washington construction contracts—even before work begins. During contract review, parties should keep an eye out for these “no-lien” clauses. When signed, parties inherently give away their right to file a lien on the property. Sneaky terms can make their way into lien waivers, too; language can waive future lien rights on the project with a contractor’s signature.
Disputes over Washington lien waivers are typically handled through direct negotiation, followed by movement to the superior court system in the county where the property is located.
Let’s back up first: Washington statutes support construction parties like GCs, subs, and suppliers if their payment is delayed. If the court finds that this delay was “unjustified,” the court will order owners to pay, plus award damages and attorneys’ fees.
When starting with the mediation route, review the lien waiver form and contract in full, noting your intention to waive lien rights. Consider consulting with a construction law attorney who is familiar with Washington lien laws along the wa
When learning about Washington lien waivers, start with the basics. Here are some key resources to familiarize yourself with before doing business in the state:
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.