How to Remove a Construction Lien in Washington

A recorded construction lien clouds your title. It can block a sale or refinance and, if the claimant forecloses, put the property itself at risk. Washington's lien statute, RCW chapter 60.04, gives claimants strong rights, but it also sets strict deadlines and paperwork rules. Many liens can be removed because one of those rules was missed. This guide walks through the checks and the four ways a lien comes off the record. It is general information, not legal advice; lien disputes are technical, and a lawyer should review any lien you plan to challenge.

First, Read the Claim of Lien

Get a copy from the county recorder or auditor where the property sits. The claimant must also send you a copy by certified or registered mail, or serve you personally, within 14 days of recording; if it does not, it forfeits any right to attorneys' fees against you (RCW 60.04.091). The claim must state:

• the claimant's name, phone number and address,
• the first and last dates labor, services, materials or equipment were furnished,
• the name of the person who owes the money,
• a description of the property and the owner's name,
• the principal amount claimed,

and it must be signed under penalty of perjury and acknowledged before a notary. Note the recording date and the last-furnished date. Those two dates drive every deadline below.

Five Checks That Can Defeat a Lien

1. Was It Recorded in Time?

A claim of lien must be recorded no later than 90 days after the claimant stopped furnishing labor, services, materials or equipment. The statute calls this a period of limitation: no foreclosure can be maintained on a late lien (RCW 60.04.091). Compare the last-furnished date on the claim with your own records: delivery tickets, photos, texts and inspection dates. Claimants sometimes stretch the last date with a minor return visit.

2. Did the Claimant Owe You a Notice?

Who must send a pre-lien Notice to Owner depends on who hired them and what kind of project it is (RCW 60.04.031):

Timing matters too. A notice only protects materials, equipment or services supplied from 60 days before it was mailed or delivered, or from 10 days before for new construction of a single-family home. The statute says a lien "shall not be enforced" unless the claimant complied with the notice rules.

3. Did Your Contractor Give You the Disclosure Statement?

For residential work of $1,000 or more, a contractor must give you a signed Notice to Customer before starting work. It shows the registration number, bond amount and expiry date. A contractor covered by this rule cannot bring or maintain a lien claim on that contract without alleging and proving it gave you the statement (RCW 18.27.114). If you never signed one, tell your lawyer. The rule applies to the contractor you hired, not to its suppliers.

4. Is the Amount Right?

Subtract what you have paid, any credits and any amount for work never done. On a remodel of your owner-occupied home, a subcontractor or supplier who did not contract with you can only reach the amount you had not yet paid your prime contractor when you received its notice. A lien that ignores those limits may be clearly excessive.

5. Is It Still Alive?

A lien binds the property for only eight calendar months after recording unless the claimant files a foreclosure action in the superior court of the county where the property is and serves you within 90 days of filing. If credit terms are stated in the claim, the eight months runs from when the credit expires. A bankruptcy petition by the owner pauses the clock (RCW 60.04.141).

Four Ways a Lien Comes Off

Pay or Settle and Get a Recorded Release

Most liens end this way. If the claimant is a subcontractor or supplier, start with your prime contractor: it hired them and is usually the one who failed to pay. Withhold the disputed amount from your contractor until the release is recorded. Ask for a release that names the recording number of the lien and is recorded with the county, not just a letter. Our Lien Release Explained for Washington Homeowners guide covers partial and final releases.

Let It Expire

If eight months pass with no lawsuit served in time, the lien no longer binds the property. It may still appear in a title search. A title company may want proof that no action was filed, or a recorded release, before it will insure over it.

Ask the Court to Release a Frivolous or Excessive Lien

An owner who believes a lien is frivolous and made without reasonable cause, or clearly excessive, can file a motion in the county's superior court with a supporting affidavit. The court orders the claimant to appear and show cause at a hearing held no earlier than 6 days and no later than 15 days after service. If the claimant does not appear, the lien is released with prejudice. If the court agrees with you, it releases the lien, or reduces an excessive one, and awards you costs and reasonable attorneys' fees.

The risk runs both ways. If the court finds the lien was made with reasonable cause and is not clearly excessive, it awards the claimant its costs and attorneys' fees, paid by you (RCW 60.04.081). Use this route for liens that are clearly late, clearly unsupported or plainly inflated, not for ordinary disagreements about the quality of the work.

Record a Bond in Lieu of the Lien

When you need clear title now, for example to close a sale, you can record a surety bond with the county recorder or auditor where the lien was recorded. The bond replaces the property as security: recording it releases the property from the lien and from any action to recover on it. The dispute then continues against the bond. RCW 60.04.161 sets the size:

The surety must appear on the US Treasury list of sureties acceptable on federal bonds with a high enough underwriting limit. If the claimant never sues within the eight-month window, the surety is discharged.

A Worked Example

A homeowner in Spokane remodels the kitchen of the house she lives in. She pays her general contractor in full on June 1. On July 20 a cabinet supplier records an $11,500 lien, saying the contractor never paid for the cabinets. The supplier never contracted with her.

She checks the file. She received the supplier's Notice to Owner on May 25, a week before her final payment. At that moment she still owed the contractor $9,000. Because this is a remodel of an owner-occupied single-family home, the supplier's lien can reach only that $9,000, not $11,500. Her lawyer writes to the supplier pointing this out and asks for a reduced lien or a release. If the supplier refuses, she can bring a motion to reduce a clearly excessive lien, or record a bond. Meanwhile she pursues the contractor, which was paid for cabinets it did not pay for, through its bond.

While the Lien Is Pending

• Do not ignore service of a lawsuit. Missing a court deadline can lead to a default judgment.
• Check your contractor on L&I Verify. A suspended or expired registration, or recent bond lawsuits, suggests other suppliers may also be unpaid.
• Look for more Notices to Owner. Each is a possible next lien.
• Keep paying nothing more to a contractor whose suppliers are filing liens until releases are in hand.
• Tell your lender or title company early if a sale or refinance is coming.

Bottom Line

A Washington construction lien is only as strong as its paperwork. Check the 90-day recording deadline, the notice rules, the contractor's disclosure statement, the amount and the eight-month foreclosure window. Then choose the fitting exit: a negotiated release, waiting out the deadline, a frivolous-lien motion or a release bond.

Where to Go Next

If the lien grew out of a broader fight with your contractor, see Washington Contractor Dispute Deadlines to make sure your own claims stay on time.