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Lien waivers by state · Washington

Washington lien waiver requirements

Washington is a non-statutory state

Washington does not prescribe a mandatory statutory lien-waiver form or required waiver language — parties are free to use any format and wording they choose. Because waivers are essentially unregulated, language is broadly enforceable and signers should review carefully to avoid waiving more rights than intended. (RCW 60.04.071 only requires that, upon payment, a lien claimant promptly prepare and execute a release of the lien rights paid for.)

Statute: Wash. Rev. Code ch. 60.04 (construction liens); RCW 60.04.071 (release of lien rights). No statutory waiver-form section.

Washington lien waiver forms

The four standard waiver-and-release types and Washington’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Washington law does not require lien waivers to be notarized. (Note: a mechanics lien claim itself must be signed and acknowledged/notarized under RCW 60.04.091 — that requirement applies to the lien filing, not to waivers.)
Mandatory statutory language: No statutorily mandated waiver language. Washington is among the majority of states that do not regulate lien-waiver content; a waiver should at minimum clearly identify the amount being waived, the property, and be signed by the waiving party.
Electronic signatures accepted

Key Washington deadlines

Preliminary / pre-lien notice: Yes for most subcontractors/suppliers on commercial projects: a Notice of Right to Claim a Lien must be sent to the owner (and to the prime contractor if not contracting directly with it). It protects only labor/materials furnished from 60 days before the notice is given, so send within 60 days of first furnishing. Exempt: parties contracting directly with the owner (typically the GC), laborers claiming only for labor, and subcontractors contracting directly with the prime contractor. (10-day look-back for new single-family residential.)
Notice of intent to lien: Not required. Washington does not require a separate notice of intent before filing a mechanics lien.
Mechanics lien filing deadline: Within 90 days after ceasing to furnish labor, professional services, materials, or equipment (RCW 60.04.091). A copy of the recorded lien must also be served on the owner within 14 days of recording.

Washington lien waiver FAQ

Does Washington require a specific lien waiver form?

No. Washington does not provide or require a statutory lien-waiver form. Parties may use any form and wording they choose, so waiver language should be reviewed carefully before signing.

Do lien waivers need to be notarized in Washington?

No. Washington law does not require lien waivers to be notarized. (Notarization/acknowledgment is required for the mechanics lien claim itself under RCW 60.04.091, but not for waivers.)

Can lien waivers be signed electronically in Washington?

Yes. Washington has adopted the Uniform Electronic Transactions Act (RCW ch. 1.80, effective June 11, 2020), under which an electronic signature satisfies a legal signature requirement and a signature cannot be denied legal effect solely because it is electronic, so lien waivers may be signed electronically.

What is the deadline to file a mechanics lien in Washington?

Within 90 days after you last furnished labor, professional services, materials, or equipment to the project, the claim of lien must be recorded with the county auditor where the property is located (RCW 60.04.091), and a copy served on the owner within 14 days of recording.