Any company requesting payment for work completed or materials supplied on a construction project may request or submit lien waiver forms in Washington. The paperwork is typically handled by the company’s accounting or finance team.

Although not required by Washington State construction lien laws, lien waivers are common practice and are needed when they are required as part of a contractor’s conditions for payment.

Once signed, lien waiver forms waive the payee’s rights to file a lien on the property for non-payment — protecting owners from mechanics liens. A lien waiver is essentially a receipt in the construction industry.

Since Washington does not provide statutory forms or have legislation regarding lien waiver forms, the specific rights waived will vary from one form to the next.

No. Statutory lien waiver forms are not required by the state of Washington.

You can’t use a “wrong” lien waiver form in Washington because there are not statutory forms. This lack of regulation makes it very important to review construction lien waiver forms in Washington very carefully.

Yes. You may see four different types of Washington lien waiver forms:

In Washington, unconditional lien waiver forms ultimately provide more protection for the owner or contractor. Unconditional lien waiver forms are effective regardless of payment once they are signed. It is in the payee’s best interest not to sign an unconditional lien waiver unless payment has been received and cleared.

In Washington, conditional lien waiver forms provide more protection for the party who would have a right to file a lien for non-payment. The receipt of payment is the “condition” for a conditional lien waiver form — they are not valid if payment is not received.

Since Washington does not require specific forms, you should always review all lien waivers carefully. To ensure compliance and accuracy, Flexbase’s templates can help you semi-automate the lien waiver process.

No. Contractors may request that lien waivers be notarized, (and your payment may be delayed if they aren’t), but they are not legally required to do so.

In Washington, at any time during a project, you may be asked to waive your lien rights. It is recommended that you only sign a conditional lien waiver if payment has not been made.

Yes. In Washington there is no law specifically stating that lien rights cannot be waived in a contract. This provides protection for the property owner but may make life difficult for a subcontractor or supplier if payment is not made. Remember to review all Washington construction contracts carefully.

If a contractor or subcontractor requires a lien waiver for all supplies and materials before releasing payment, then yes, lien waivers for material will be needed with an application for payment.