Negotiate and sign the GC contract

The procedure in three parts

Washington's construction-lien procedure under RCW 60.04 has three working parts that operate together:

1. A 90-day filing window measured from the last day labor or materials were furnished.
2. A pre-claim notice that subs and suppliers (not the prime GC) have to deliver early in their work.
3. A two-stage waiver schedule — conditional waivers at each progress payment, unconditional final waivers at completion — using statutory forms in RCW 60.04.071.

Anyone who furnishes labor or materials to an improvement on your property — GC, sub, supplier — has lien rights under the chapter. Liens are recorded with the King County recorder and stay on title until released. The waiver schedule is how lien rights get released as payments flow through.

The 90-day clock

A claimant has 90 days from the date they last performed labor or supplied materials to record the lien. After 90 days with no recording, the lien right expires.

For a Seattle DADU: substantial completion isn't the all-clear. Title is fully clear 90 days after the last sub leaves the site — usually the landscape, paving, or punch-list crew, not the GC.

Pre-claim notice (RCW 60.04.031)

For most subs and material suppliers (not the GC you contracted with directly), the lien right depends on first delivering a pre-claim notice to you within 60 days of starting work or supplying materials. Getting one of these during construction is routine — it's a procedural protection, not a dispute. Treat it as a signal that the sender is on the property and add them to the waiver list for upcoming draws.

The lien waiver schedule

Two waivers, two stages:

Waiver type	When	Who signs	What it does
Conditional waiver upon progress payment	At each progress payment	GC + every sub/supplier on that draw	Releases lien rights conditional on the check clearing. Standard practice.
Unconditional waiver upon final payment	At final payment	GC + every sub/supplier who worked the project	Releases lien rights absolutely. Get this from everyone before final disbursement.

Both forms are statutory in WA — RCW 60.04.071 prescribes the conditional/unconditional progress and final waiver language. Use the statutory form so it survives challenge.

How to operate the schedule

1. In the GC contract, require a current sub list with each progress draw.
2. For each progress draw, the GC delivers (a) signed conditional waivers from every sub/supplier on that draw plus (b) a signed conditional from the GC for their own scope. The bank/lender disbursement is conditioned on receipt.
3. At final payment, switch to unconditional final waivers from every sub and supplier who appeared on any draw, plus unconditional final from the GC. Hold final retainage until all are received.
4. Then run the 90-day clock anyway. Even with full waivers, monitor the King County recorder for liens for 90 days from the last on-site work. Recording a lien against a fully-waived project is rare but happens.

When this matters most

• Cost-plus contracts without a tight waiver schedule. You pay the GC, the GC pays subs late, subs record liens. You've paid in full and still have clouded title.
• Refinancing or selling within a year of completion. Title companies ask about pending or recently-released liens. A clean waiver file at handoff makes it a 10-minute conversation.
• Bankruptcy of the GC during the project. Subs paid through the GC may not have been paid; their lien rights are against your property, not the GC's bankruptcy estate.

Informational framing

This is general information about Washington lien procedure. It's not legal advice and doesn't establish an attorney-client relationship. For waiver language specific to your contract, or if you receive a recorded lien, consult an attorney licensed in WA — verify via the WSBA Legal Directory.