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Action
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Pre-Claim Notice
Send notice via certified mail or personal delivery.
To owners and to prime contractors; not to lenders. Note there are some exceptions to when you must send pre-claim notice to the prime contractor.
Note there are some exceptions to when you have to send the NORTAL to the prime contractor.
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Timing:
Commercial: 60-days "reach back" period;
New residential: 10-days "reach back" period;
Existing owner-occupied residential: Unclear "reach back" period. Can only recover against funds not yet paid by owner. RCW 60.04.031
Prime to Owner: Notice to Customer (plus 2 pages; see RCW 60.04.255) before starting work if: (1) Residential, 4 units or less and over $1K; or (2) Commercial, between $1K and $60K. No "reach back" period. RCW 18.27.114. Does not apply to contractors hired by other contractors.
First-Tier Subs: Pre-claim notice only if SFD or garage.
Second-Tier or Lower Subs: Pre-claim notice on all projects.
Material/Equipment: Pre-claim notice on all projects unless hired directly by owner.
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Claim
Record construction lien claim with recorder in county where structure is located.
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Deadline:
Within 90 days of the claimant's last substantial original performance of labor, delivery of material, or rental equipment. RCW 60.04.091
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Post-Claim Notice
Certified mail to owners only, not to lenders.
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Deadline:
Within within 14 days of the date the lien was recorded.
Must give to owner via certified mail or personal delivery. RCW 60.04.091
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Lawsuit
File foreclosure action
Necessary parties to the suit: All parties with legal interest in the property and your direct customer.
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Deadline:
Within 8 months after recording of the claim of construction lien. RCW 60.04.141
RCW 60.04.181 gives discretionary attorney fee right; this is overridden by RCW 4.84.250 which gives mandatory attorney fee right if claim is under $10,000.
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