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	None. Prime does not have claim rights against its own bond.	None. Prime does not have claim rights against its own bond.
	Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub.	Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.
	Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub.	Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.

Washington Public Project Frequently Asked Questions

Who Is Protected?

In Washington, subcontractors, sub-subcontractors, and laborers or material suppliers to the general contractor or first-tier subcontractors are protected.  A supplier to a supplier is not allowed to recover.

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When is the Deadline to File a Lien/Make a Claim?

Bond Claim:  The bond claim must be delivered to and filed with the contracting public entity within 30 days from the completion of the contract and acceptance of the project as a whole.

Lien on Funds: The notice of a claim of lien on funds must be given to the contracting public agency within 45 days of completion of the work.

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Who Should Receive the Lien/Claim?

Bond Claim: In Washington, the bond claim must only be provided to the board, council, commission, trustees or body acting for the state, county or municipality, or other public body, city, town or district.

Lien on Funds:  Must only be delivered to the contracting public entity.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

In Washington, a suit to enforce a bond claim has no specific statutory time limit.  However, if there is limiting language in the terms of the bond itself, it will be held to control.  In any event, the suit may not be initiated more than 6 years after the notice of the claim.

A suit to enforce the lien on contract funds must be initiated within 4 months of the filing of the claim.

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What Must the Lien/Claim Include?

In Washington, the basic form for the bond claim is set out by statute and must include the name of the claimant, the amount of claim, the name of the general contractor, the surety, and a description of the project and labor and/or materials furnished.

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How Must the Claim Be Sent?

A Washington bond claim and lien on contract funds must be delivered to and filed with the public entity.  It may be advisable to send the claim to the public entity via registered or certified mail, or personal service to ensure receipt.

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Washington Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

It depends.  Washington requires any party furnishing materials, supplies, or provisions to any subcontractor to send preliminary notice to the general contractor to preserve the right to prosecute a bond claim.

When do I Need to Send a Preliminary Notice?

When required, the preliminary notice must be delivered or mailed to the general contractor no later than 10 days from the date of claimant’s first furnishing of labor and/or materials to the project.

What if I Send the Preliminary Notice Late?

When required, failure to give the preliminary notice timely is fatal to a bond claim in Washington.

How Should the Preliminary Notice be Sent?

Washington statutes provide no concrete answer to how the preliminary notice must be sent.  However, it appears that actual receipt is necessary.  It is likely advisable to send the notice via certified or registered mail, or have it served personally.

To Whom Must the Preliminary Notice be Given?

The preliminary notice, when required, must be delivered to the general contractor.