Construction Knowledge Series: What is a "Pre-Lien Notice"?

When starting a construction project, it is important to protect your rights and ability to lien the project in case you perform work and are not paid for it.  States vary in how you are able to protect your rights, so this is a very high level, generic overview of the most basic way of preserving your rights.  For actual legal advice, please consult your construction law attorney.

In Washington State, suppliers and subcontractors need to send a “Pre-Lien Notice” to the project owner and general contractor via certified mail.  This should be done as soon as material is delivered to the site or as soon as work begins.  Actual deadlines vary so just remember to protect yourself with these notices as part of your job start-up process.

The Pre-Lien Notice is not placing a lien on the project or acting as an intent to lien.  It is simply a step that must occur to reserve your rights to lien later.  If you are in a situation where you may need to proceed with placing a lien, be sure to work with your attorney to ensure that it is being done properly.