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Lien Rights: State and Local Claims
Legislation -> Lien Rights: State and Local Claims Other Claims: Federal Bond Claims | Private Claims

Claims on State and Local Projects
Submitted by: Stanislaw, Ashbaugh, LLP

 

 

Retainage Claims

Bond Claims

Pre-Claim Notice:

When

Within 60 days after commencement of furnishing labor, materials, or equipment; the notice won't protect rights for earlier-furnished materials and labor. First tier subs and suppliers may not need to provide pre-claim notice. RCW 60.28.015

Within 10 days of first supply of materials or labor. First tier subs and suppliers may not need to provide pre-claim notice. RCW 39.08.065

What

Written notice describing materials, supplies and equipment being furnished, naming the subcontractor ordering them, and stating that claim for payment may be made against retainage. RCW 60.28.015

Written notice describing materials, supplies and equipment being furnished, naming the subcontractor ordering them, and stating that claim for payment may be made against prime contractor and its bond. RCW 39.08.065

How

To prime contractor by certified mail, registered mail, or hand delivery (with receipt signed by contractor). RCW 60.28.015

To prime contractor by mail or hand delivery (proof of receipt recommended). RCW 39.08.065

 

Notice of Claim:

When

Within 45 days of "completion of [prime] contract work." RCW 60.28.011(2)

Within 30 days after final acceptance of project by the owner. RCW 39.08.030

What

Written statement of claim addressed to the owner, identifying the claimant and describing the work, materials or supplies for which claim is made, naming the prime contractor and stating claim is made against contractor's retainage. The claimant must sign the claim. The statutory form for bond claims, contained in RCW 39.08.030, modified to state claim is made against the contractor's retainage, is recommended. RCW 60.28.010

Written statement of claim addressed to the owner, identifying the claimant and describing the work, materials or supplies for which claim is made, naming the prime contractor and stating claim is made against contractor's bond. The claimant must sign the claim. The statutory form is recommended. RCW 39.08.030

How

File claim with owner within 45 days of completion of work in the manner provided in RCW 39.08.030. (Written proof of receipt recommended.) Claimant should provide a copy to contractor by certified mail, registered mail, or hand delivery (written proof of receipt recommended). RCW 60.28.011(2)

File claim with owner. (Written proof of receipt recommended.) Claimant should provide a copy to contractor and its bond company by certified mail, registered mail, or hand delivery (written proof of receipt recommended). RCW 39.08.030

Suit on Claim

Suit must be brought within 4 months of filing claim. The claim may be refiled within four month period, but not if 45 days have passed after completion of prime contract work. RCW 60.28.011(2) and RCW 60.28.030

Suit should be brought within time prescribed in the bond, and in no event later than 6 years


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