reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.038 - Priority of lien.

RCW 60.24.038
Priority of lien.
The liens provided for in this chapter are preferred liens and are prior to any other liens, and no sale or transfer of any saw logs, spars, piles or other timber or manufactured lumber or shingles shall divest the lien thereon as herein provided, and as between liens provided for in this chapter those for work and labor shall be preferred: PROVIDED, That as between liens for work and labor claimed by several laborers on the same logs or lot of logs the claim or claims for work or labor done or performed on the identical logs proceeded against to the extent that said logs can be identified, shall be preferred as against the general claim of lien for work and labor recognized and provided for in this chapter.
[ 1893 c 132 § 4; RRS § 1165. Prior: Code 1881 § 1944; 1877 p 217 § 6. Formerly RCW 60.24.090.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.040 - Period covered by labor liens.

RCW 60.24.040
Period covered by labor liens.
The person rendering the service of [or] doing the work or labor named in RCW 60.24.020 and 60.24.030 is only entitled to the liens as provided herein for services, work or labor for the period of eight calendar months, or any part thereof next preceding the filing of the claim, as provided in *section 8 of this act.
[ 1893 c 132 § 5; RRS § 1166. Prior: Code 1881 § 1945; 1877 p 217 § 7.]
NOTES:
*Reviser's note: "section 8 of this act" is codified as RCW 60.24.080. Section 7 (codified as RCW 60.24.075) was probably intended.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.070 - Period covered by stumpage lien.

RCW 60.24.070
Period covered by stumpage lien.
The person granting the privilege mentioned in RCW 60.24.035 is only entitled to the lien as provided therein for saw logs, spars, piles and other timber cut during the eight months next preceding the filing of the claim, as herein provided in RCW 60.24.075.
[ 1893 c 132 § 6; RRS § 1167. Prior: Code 1881 § 1946; 1877 p 217 § 8.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.080 - Filing claim for stumpage lien.

RCW 60.24.080
Filing claim for stumpage lien.
Every person mentioned in RCW 60.24.035 claiming the benefit thereof must file for record with the county auditor of the county in which such saw logs, spars, piles or other timber were cut, a claim in substance the same as provided in RCW 60.24.075, and verified as therein provided.
[ 1893 c 132 § 8; RRS § 1169. Prior: Code 1881 § 1948; 1877 p 218 § 10.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.100 - Recording claims—Fees.

RCW 60.24.100
Recording claims—Fees.
The county auditor must record any claim filed under this chapter in a book kept by him or her for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be indexed, and for which he or she may receive the same fees as are allowed by law for recording deeds and other instruments.
[ 2012 c 117 § 139; 1893 c 132 § 9; RRS § 1170. Prior: Code 1881 § 1949; 1877 p 218 § 11.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.110 - Limitation of action.

RCW 60.24.110
Limitation of action.
No lien provided for in this chapter binds any saw logs, spars, piles or other timber, or lumber and shingles, for a longer period than eight calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court, within that time, to enforce the same: PROVIDED, HOWEVER, That in case such civil action so commenced should for any cause other than the merits, be nonsuited or dismissed, then the lien shall continue for the term of one calendar month, if the said eight months have expired, to permit the commencement of another action thereon, which shall be as effective in prolonging the lien as if it had been entered during the term of eight months hereinbefore stated.
[ 1893 c 132 § 10; RRS § 1171. Prior: Code 1881 § 1950; 1879 p 100 § 5; 1877 p 218 § 12.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.120 - Venue—Procedure.

RCW 60.24.120
Venue—Procedure.
The liens provided for in this chapter shall be enforced by a civil action in the superior court of the county wherein the lien was filed, and shall be governed by the laws regulating the proceedings in civil actions touching the mode and manner of trial, and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien that be against it; except as hereinafter otherwise provided.
[ 1893 c 132 § 11; RRS § 1172. Prior: Code 1881 § 1951; 1877 p 218 § 13.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.130 - Sheriff as receiver—Deposit to recover possession—Costs.

RCW 60.24.130
Sheriff as receiver—Deposit to recover possession—Costs.
The sheriff of the county wherein the lien is filed shall be the receiver when one is appointed, and the superior court upon a showing made shall appoint such receiver without notice, who shall be allowed such fees as may seem just to the court, which fees shall be accounted for by such sheriff as other fees collected by him or her in his or her official capacity: PROVIDED, That at any time when any property is in the custody of such sheriff under the provisions of this chapter, and any person claiming any interest therein, may deposit with the clerk of the court in which such action is pending, a sum of money in an amount equal to the claim sued upon, together with one hundred dollars, to cover costs and interest, (unless the court shall make an order fixing a different amount to cover such costs and interest, then such an amount as the court shall fix to secure such costs and interest, which such action is being prosecuted) and shall have the right to demand and receive forthwith from such sheriff the possession and custody of such property: PROVIDED, That in no action brought under the provisions of this chapter shall costs be allowed to lienholders unless a demand has been made for payment of his or her lien claim before commencement of suit, unless the court shall find the claimants at time of bringing action had reasonable ground to believe that the owner or the person having control of the property upon which such lien is claimed was attempting to defraud such claimant, or prevent the collection of such lien.
[ 2012 c 117 § 140; 1899 c 90 § 1; 1893 c 132 § 12; RRS § 1173.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.140 - Pleadings by defendant—Amendments—Hearing.

RCW 60.24.140
Pleadings by defendant—Amendments—Hearing.
If the defendant or defendants appear in a suit to enforce any lien provided by this chapter, he, she, or they shall make their answer on the merits of the complaint, and any motion or demurrer against the said complaint must be filed with the answer; and no motion shall be allowed to make complaint more definite and certain, if it appear to the court that the defendant or defendants have or should have knowledge of the facts, or that it can be made more certain and definite by facts which will appear necessarily in the testimony; but the case, unless the court sustains the demurrer to the complaint, shall be heard on the merits as speedily as possible, and amendments of the pleadings, if necessary, shall be liberally allowed.
[ 2012 c 117 § 141; 1893 c 132 § 13; RRS § 1174.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.150 - Enforcement against all or part of property.

RCW 60.24.150
Enforcement against all or part of property.
Any person who shall bring a civil action to enforce the lien herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action, has the right to demand that such lien be enforced against the whole or any part of the saw logs, spars, piles, or other timber or manufactured lumber or shingles upon which he or she has performed labor or which he or she has assisted in securing or obtaining, or which he or she has cut on his or her timberland during the eight months next preceding the filing of his or her lien, for all his or her labor upon or for all his of [or] her assistance in obtaining or securing said logs, spars, piles, or other timber, or in manufacturing said lumber or shingles during the whole or any part of the eight months mentioned in *section seven (7) of this act, or for timber cut during the whole or any part of the eight months above mentioned. And where proceedings are commenced against any lot of saw logs, spars, piles, or other timber or lumber or shingles as herein provided, and some of the lienors claim liens against the specific logs, spars, piles, or other timber or lumber or shingles proceeded against, and others against the same generally, to secure their claims for work and labor, the priority of the liens shall be determined as hereinbefore provided.
[ 2012 c 117 § 142; 1893 c 132 § 14; RRS § 1175. Prior: Code 1881 § 1952; 1877 p 218 § 14.]
NOTES:
*Reviser's note: "section seven (7) of this act" is codified as RCW 60.24.075. Section 5 (codified as RCW 60.24.040) was probably intended.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.160 - Errors in claim, effect of.

RCW 60.24.160
Errors in claim, effect of.
No mistake or error in the statement of the demand, or of the amount of credits and offsets allowed, or of the balance asserted to be due to claimant, nor in the description of the property against which the claim is filed, shall invalidate the lien, unless the court finds that such mistake or error in the statement of the demand, credits and offsets or of the balance due was made with intent to defraud, or the court shall find that an innocent third party without notice, direct or constructive, has, since the claim was filed, become the bona fide owner of the property liened upon, and that the notice of claim was so deficient that it did not put the party upon further inquiry, in any manner.
[ 1893 c 132 § 15; RRS § 1176.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.170 - Purchase of property subject to lien—Presumption of notice.

RCW 60.24.170
Purchase of property subject to lien—Presumption of notice.
It shall be conclusively presumed by the court that a party purchasing the property liened upon within thirty days given herein to claimants wherein to file their liens, is not an innocent third party, nor that he or she has become a bona fide owner of the property liened upon, unless it shall appear that he or she has paid full value for the said property, and has seen that the purchase money of the said property has been applied to the payment of such bona fide claims as are entitled to liens upon the said property under the provisions of this chapter, according to the priorities herein established.
[ 2012 c 117 § 143; 1893 c 132 § 16; RRS § 1177.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.180 - Joinder—Costs.

RCW 60.24.180
Joinder—Costs.
Any number of persons claiming liens under this chapter may join in the affidavit in RCW 60.24.075 provided, and may join in the same action, and when separate actions are commenced the court may consolidate them. The court shall also allow as part of the costs the moneys paid for filing, making and recording the claim, and a reasonable attorney's fee for each person claiming a lien.
[ 1901 c 23 § 1; 1893 c 132 § 17; RRS § 1178. Prior: Code 1881 § 1691; 1877 p 219 § 15.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.190 - Judgment—Sale—Disposition of proceeds.

RCW 60.24.190
Judgment—Sale—Disposition of proceeds.
In each civil action, judgment must be rendered in favor of each person having a lien for the amount due to him or her, and the court or judge thereof shall order any property subject to the lien herein provided for to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution, and the court or judge shall apportion the proceeds of such sale to the payment of each judgment, according to the priorities established in this chapter pro rata in its class according to the amount of such judgment.
[ 2012 c 117 § 144; 1893 c 132 § 18; RRS § 1179. Prior: Code 1881 § 1954; 1877 p 219 § 16. FORMER PART OF SECTION: 1893 c 132 § 19; RRS § 1180 now codified as RCW 60.24.195.]
NOTES:
Sale of property on execution: Chapter 6.21 RCW.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.195 - Sale of property subject to lien—When.

RCW 60.24.195
Sale of property subject to lien—When.
The court or judge may order any property subject to a lien as in this chapter provided to be sold by the sheriff as personal property is sold on execution either before or at the time judgment is rendered, as provided in RCW 60.24.190, and the proceeds of such sale must be paid into court to be applied as in RCW 60.24.190 directed.
[ 1893 c 132 § 19; RRS § 1180. Prior: Code 1881 § 1955; 1877 p 219 § 17. Formerly RCW 60.24.190, part.]
NOTES:
Sale of property on execution: Chapter 6.21 RCW.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.24 - Lien for Labor and Services on Timber and Lumber. › 60.24.200 - Damages for eloigning, injuring, destroying, or removing marks, etc.—Recovery.

RCW 60.24.200
Damages for eloigning, injuring, destroying, or removing marks, etc.—Recovery.
Any person who shall eloign, injure, or destroy, or who shall render difficult, uncertain, or impossible of identification any saw logs, spars, piles, shingles, or other timber upon which there is a lien as herein provided, without the express consent of the person entitled to such lien, shall be liable to the lienholder for the damages to the amount secured by his or her lien, and it being shown to the court in the civil action to enforce said lien, it shall be the duty of the court to enter a personal judgment for the amount in such action against the said person, provided he or she be a party to such action, or the damages may be recovered by a civil action against such person.
[ 2012 c 117 § 145; 1893 c 132 § 20; RRS § 1181. Prior: Code 1881 § 1956; 1877 p 219 § 18.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.015 - Recovery from retained percentage—Written notice to contractor of materials furnished.

RCW 60.28.015
Recovery from retained percentage—Written notice to contractor of materials furnished.
Every person, firm, or corporation furnishing materials, supplies, or equipment to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall give to the contractor of the work a notice in writing, which notice shall cover the material, supplies, or equipment furnished or leased during the sixty days preceding the giving of such notice as well as all subsequent materials, supplies, or equipment furnished or leased, stating in substance and effect that such person, firm, or corporation is and/or has furnished materials and supplies, or equipment for use thereon, with the name of the subcontractor ordering the same, and that a lien against the retained percentage may be claimed for all materials and supplies, or equipment furnished by such person, firm, or corporation for use thereon, which notice shall be given by (1) mailing the same by registered or certified mail in an envelope addressed to the contractor, or (2) by serving the same personally upon the contractor or the contractor's representative and obtaining evidence of such service in the form of a receipt or other acknowledgment signed by the contractor or the contractor's representative, and no suit or action shall be maintained in any court against the retained percentage to recover for such material, supplies, or equipment or any part thereof unless the provisions of this section have been complied with.
[ 1986 c 314 § 5.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.021 - Excess over lien claims paid to contractor.

RCW 60.28.021
Excess over lien claims paid to contractor.
After the expiration of the forty-five day period for giving notice of lien provided in RCW 60.28.011(2), and after receipt of the certificates of the department of revenue, the employment security department, and the department of labor and industries, and the public body is satisfied that the taxes certified as due or to become due by the department of revenue, the employment security department, and the department of labor and industries are discharged, and the claims of material suppliers and laborers who have filed their claims, together with a sum sufficient to defray the cost of foreclosing the liens of such claims, and to pay attorneys' fees, have been paid, the public body may withhold from the remaining retained amounts for claims the public body may have against the contractor and shall pay the balance, if any, to the contractor the fund retained by it or release to the contractor the securities and bonds held in escrow.
If such taxes have not been discharged or the claims, expenses, and fees have not been paid, the public body shall either retain in its fund, or in an interest bearing account, or retain in escrow, at the option of the contractor, an amount equal to such unpaid taxes and unpaid claims together with a sum sufficient to defray the costs and attorney fees incurred in foreclosing the lien of such claims, and shall pay, or release from escrow, the remainder to the contractor.
[ 2009 c 432 § 6; 2007 c 218 § 94; 1992 c 223 § 3.]
NOTES:
Report—2009 c 432: See RCW 18.27.800.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See RCW 39.04.900 and 39.04.901.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.030 - Foreclosure of lien—Limitation of action—Release of funds.

RCW 60.28.030
Foreclosure of lien—Limitation of action—Release of funds.
Any person, firm, or corporation filing a claim against the reserve fund shall have four months from the time of the filing thereof in which to bring an action to foreclose the lien. The lien shall be enforced by action in the superior court of the county where filed, and shall be governed by the laws regulating the proceedings in civil actions touching the mode and manner of trial and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien against it: PROVIDED, That the public body shall not be required to make any detailed answer to any complaint or other pleading but need only certify to the court the name of the contractor; the work contracted to be done; the date of the contract; the date of completion and final acceptance of the work; the amount retained; the amount of taxes certified due or to become due to the state; and all claims filed with it showing respectively the dates of filing, the names of claimants, and amounts claimed. Such certification shall operate to arrest payment of so much of the funds retained as is required to discharge the taxes certified due or to become due and the claims filed in accordance with this chapter. In any action brought to enforce the lien, the claimant, if he or she prevails, is entitled to recover, in addition to all other costs, attorney fees in such sum as the court finds reasonable. If a claimant fails to bring action to foreclose his or her lien within the four months period, the reserve fund shall be discharged from the lien of his or her claim and the funds shall be paid to the contractor. The four months limitation shall not, however, be construed as a limitation upon the right to sue the contractor or his or her surety where no right of foreclosure is sought against the fund.
[ 2012 c 117 § 146; 1979 ex.s. c 38 § 1; 1955 c 236 § 3; 1927 c 241 § 1; 1921 c 166 § 3; RRS § 10322.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.040 - Tax liens—Priority of liens.

RCW 60.28.040
Tax liens—Priority of liens.
(1) Subject to subsection (5) of this section, the amount of all taxes, increases, and penalties due or to become due under Title 82 RCW, from a contractor or the contractor's successors or assignees with respect to a public improvement contract wherein the contract price is thirty-five thousand dollars or more, is a lien prior to all other liens upon the amount of the retained percentage withheld by the disbursing officer under such contract.
(2) Subject to subsection (5) of this section, after payment of all taxes, increases, and penalties due or to become due under Title 82 RCW, from a contractor or the contractor's successors or assignees with respect to a public improvement contract wherein the contract price is thirty-five thousand dollars or more, the amount of all other taxes, increases, and penalties under Title 82 RCW, due and owing from the contractor, is a lien prior to all other liens upon the amount of the retained percentage withheld by the disbursing officer under such contract.
(3) Subject to subsection (5) of this section, after payment of all taxes, increases, and penalties due or to become due under Title 82 RCW, the amount of all taxes, increases, and penalties due or to become due under Titles 50 and 51 RCW from the contractor or the contractor's successors or assignees with respect to a public improvement contract wherein the contract price is thirty-five thousand dollars or more is a lien prior to all other liens upon the amount of the retained percentage withheld by the disbursing officer under such contract.
(4) Subject to subsection (5) of this section, the amount of all other taxes, increases, and penalties due and owing from the contractor is a lien upon the balance of such retained percentage remaining in the possession of the disbursing officer after all other statutory lien claims have been paid.
(5) The employees of a contractor or the contractor's successors or assignees who have not been paid the prevailing wage under such a public improvement contract shall have a first priority lien against the bond or retainage prior to all other liens.
[ 2014 c 97 § 301. Prior: 2009 c 432 § 7; 2009 c 219 § 7; 1985 c 80 § 1; 1971 ex.s. c 299 § 1; 1955 c 236 § 4; prior: 1949 c 228 § 27, part; Rem. Supp. 1949 § 8370-204a, part; RCW 82.32.250, part.]
NOTES:
Report—2009 c 432: See RCW 18.27.800.
Severability—Effective dates—1971 ex.s. c 299: See notes following RCW 82.04.050.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.051 - Duties of disbursing officer upon completion of contract.

RCW 60.28.051
Duties of disbursing officer upon completion of contract.
Upon completion of a contract, the state, county, or other municipal officer charged with the duty of disbursing or authorizing disbursement or payment of such contracts shall forthwith notify the department of revenue, the employment security department, and the department of labor and industries of the completion of contracts over thirty-five thousand dollars. Such officer shall not make any payment from the retained percentage fund or release any retained percentage escrow account to any person, until he or she has received from the department of revenue, the employment security department, and the department of labor and industries certificates that all taxes, increases, and penalties due from the contractor, and all taxes due and to become due with respect to such contract have been paid in full or that they are, in each department's opinion, readily collectible without recourse to the state's lien on the retained percentage.
[ 2009 c 432 § 8; 2007 c 210 § 2; 1992 c 223 § 4.]
NOTES:
Report—2009 c 432: See RCW 18.27.800.
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See RCW 39.04.900 and 39.04.901.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.060 - Duties of disbursing officer upon final acceptance of contract—Request of payment of taxes, increases, penalties, and claims.

RCW 60.28.060
Duties of disbursing officer upon final acceptance of contract—Request of payment of taxes, increases, penalties, and claims.
If within thirty days after receipt of notice by the department of revenue, the employment security department, and the department of labor and industries of the completion of the contract, the amount of all taxes, increases, and penalties due from the contractor or any of his or her successors or assignees or to become due with respect to such contract have not been paid, the department of revenue, the employment security department, and the department of labor and industries may certify to the disbursing officer the amount of all taxes, increases, and penalties due from the contractor, together with the amount of all taxes due and to become due with respect to the contract and may request payment thereof in accordance with the priority provided by this chapter. The disbursing officer shall within ten days after receipt of such certificate and request pay to the department of revenue, the employment security department, and the department of labor and industries the amount of all taxes, increases, and penalties certified to be due or to become due and all claims which by statute are a lien upon the retained percentage withheld by the disbursing officer in accordance with the priority provided by this chapter. If the contractor owes no taxes imposed pursuant to Titles 50, 51, and 82 RCW, the department of revenue, the employment security department, and the department of labor and industries shall so certify to the disbursing officer.
[ 2012 c 117 § 147; 2009 c 432 § 9; 1967 ex.s. c 26 § 25; 1955 c 236 § 6. Prior: 1949 c 228 § 27, part; Rem. Supp. 1949 § 8370-204a, part; RCW 82.32.250, part.]
NOTES:
Report—2009 c 432: See RCW 18.27.800.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.28 - Lien for Labor, Materials, Taxes on Public Works. › 60.28.080 - Delay due to litigation—Change order or force account directive—Costs—Arbitration—Termination.

RCW 60.28.080
Delay due to litigation—Change order or force account directive—Costs—Arbitration—Termination.
(1) If any delay in issuance of notice to proceed or in construction following an award of any public construction contract is primarily caused by acts or omissions of persons or agencies other than the contractor and a preliminary, special or permanent restraining order of a court of competent jurisdiction is issued pursuant to litigation and the appropriate public contracting body does not elect to delete the completion of the contract as provided by RCW 60.28.011(7), the appropriate contracting body will issue a change order or force account directive to cover reasonable costs incurred by the contractor as a result of such delay. These costs shall include but not be limited to contractor's costs for wages, labor costs other than wages, wage taxes, materials, equipment rentals, insurance, bonds, professional fees, and subcontracts, attributable to such delay plus a reasonable sum for overhead and profit.
In the event of a dispute between the contracting body and the contractor, arbitration procedures may be commenced under the applicable terms of the construction contract, or, if the contract contains no such provision for arbitration, under the then obtaining rules of the American Arbitration Association.
If the delay caused by litigation exceeds six months, the contractor may then elect to terminate the contract and to delete the completion of the contract and receive payment in proportion to the amount of the work completed plus the cost of the delay. Amounts retained and accumulated under RCW 60.28.011 shall be held for a period of forty-five days following the election of the contractor to terminate. Election not to terminate the contract by the contractor shall not affect the accumulation of costs incurred as a result of the delay provided above.
(2) This section shall not apply to any contract awarded pursuant to an invitation for bid issued on or before July 16, 1973.
[ 2009 c 219 § 8; 1982 c 170 § 3; 1973 1st ex.s. c 62 § 3.]
NOTES:
Severability—1973 1st ex.s. c 62: See note following RCW 39.04.120.
Change orders due to environmental protection requirements, costs: RCW 39.04.120.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.30 - Private Construction Projects. › 60.30.010 - Retainage.

RCW 60.30.010
Retainage.
(1) An owner, contractor, or subcontractor may withhold as retainage an amount equal to not more than five percent of the contract price of the work completed for private construction projects. Partial payment allowed under this subsection is not acceptance or approval of some of the work or a waiver of defects in the work.
(2) The owner, contractor, or subcontractor shall pay interest at the rate of one percent per month on the final payment due the contractor or subcontractor. The interest shall commence 30 days after the contractor or subcontractor has completed and the owner has accepted the work under the contract for construction for which the final payment is due. The interest shall run until the date when final payment is tendered to the contractor or subcontractor.
(3) When the contractor or subcontractor considers the work that the contractor or subcontractor is contracted to perform to be complete, the contractor or subcontractor shall notify the party to whom the contractor or subcontractor is responsible for performing the construction work under the contract.
(4) The party shall, within 15 days after receiving the notice, either accept the work or notify the contractor or subcontractor of work yet to be performed under the contract or subcontract. If the party does not accept the work or does not notify the contractor or subcontractor of work yet to be performed within the time allowed, the interest required under this subsection shall commence 30 days after the end of the 15-day period. A contractor may provide notice under this subsection to an owner or upper-tier contractor for release of retainage due to a subcontractor whose work is complete. If an owner or upper-tier contractor does not accept the subcontractor's work or does not notify the contractor of work yet to be performed by the subcontractor within 15 days after receiving the notice, the interest required under this section shall commence 30 days after the end of the 15-day period. A contractor's obligation to pay interest to a subcontractor under this section does not begin until the contractor has received payment for the subcontractor's retainage provided that the contractor has submitted the subcontractor's retainage request to the owner or upper-tier contractor within 30 days after receipt from the subcontractor.
(5) This section does not apply to single-family residential construction less than 12 units.
[ 2023 c 373 § 1.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.30 - Private Construction Projects. › 60.30.020 - Retainage bonds—Authorized surety.

RCW 60.30.020
Retainage bonds—Authorized surety.
(1) In lieu of retainage, a subcontractor or contractor may tender, and a contractor or owner must accept, a retainage bond in an amount not to exceed five percent of the moneys earned by the subcontractor or contractor.
(2) A subcontractor or contractor must provide a good and sufficient bond from an authorized surety company, conditioned that such person or persons must:
(a) Faithfully perform all the provisions of such contract;
(b) Pay all laborers, mechanics, and subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work; and
(c) Pay the taxes, increases, and penalties incurred on the project.
(3) The contractor or owner may require that the authorized surety have a minimum A.M. Best financial strength rating so long as that minimum rating does not exceed A-. The contractor may withhold the subcontractor's portion of the bond premium, to the extent the contractor provides a retainage bond to obtain a release of the subcontractor's retainage.
(4) The contractor or owner must accept a bond meeting the requirements of this section. The subcontractor or contractor's bond and any proceeds therefrom are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in the contract and other applicable provisions.
(5) Whenever an owner accepts a bond in lieu of retained funds from a contractor, the contractor must accept like bonds from any subcontractors or suppliers from which the contractor has retained funds. The contractor must then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within 30 days of accepting the bond from the subcontractor or supplier.
(6) This section does not apply to single-family residential construction less than 12 units.
[ 2023 c 373 § 2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.30 - Private Construction Projects. › 60.30.030 - Application.

RCW 60.30.030
Application.
RCW 60.30.010 and 60.30.020 only apply to private construction projects and do not apply to public improvement contracts, as defined in RCW 60.28.011.
[ 2023 c 373 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.32 - Labor Liens on Franchises, Earnings, and Property of Certain Companies. › 60.32.010 - Liens authorized.

RCW 60.32.010
Liens authorized.
Every person performing labor for any person, company, or corporation, in the operation of any railway, canal, or transportation company, or any water, mining, or manufacturing company, sawmill, lumber or timber company, shall have a prior lien on the franchise, earnings, and on all the real and personal property of said person, company, or corporation, which is used in the operation of its business, to the extent of the moneys due him or her from such person, company, or corporation, operating said franchise or business, for labor performed within six months next preceding the filing of his or her claim therefor, as hereinafter provided; and no mortgage, deed of trust, or conveyance shall defeat or take precedence over said lien.
[ 2012 c 117 § 148; 1897 c 43 § 1; RRS § 1149.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.32 - Labor Liens on Franchises, Earnings, and Property of Certain Companies. › 60.32.020 - Notice of lien—Contents—Filing and serving.

RCW 60.32.020
Notice of lien—Contents—Filing and serving.
No person shall be entitled to the lien given by RCW 60.32.010, unless he or she shall, within ninety days after he or she has ceased to perform labor for such person, company, or corporation, filed for record with the county auditor of the county in which said labor was performed, or in which is located the principal office of such person, company, or corporation in this state, a notice of claim, containing a statement of his or her demand, after deducting all just credits and offsets, the name of the person, company, or corporation, and the name of the person or persons employing claimant, if known, with the statement of the terms and conditions of his or her contract, if any, and the time he or she commenced the employment, and the date of his or her last service, and shall serve a copy thereof on said person, company, or corporation within thirty days after the same is so filed for record.
Any number of claimants may join in the same notice for the purpose of filing and enforcing their liens, but the amount claimed by each claimant shall be separately stated.
[ 2012 c 117 § 149; 1977 ex.s. c 176 § 1; 1897 c 43 § 2; RRS § 1150.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.32 - Labor Liens on Franchises, Earnings, and Property of Certain Companies. › 60.32.030 - Manner of serving notice.

RCW 60.32.030
Manner of serving notice.
Service of notice, as herein required, may be made in the same manner as summons in civil actions.
[ 1897 c 43 § 3; RRS § 1151.]
NOTES:
Service of summons in civil actions: RCW 4.28.080.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.32 - Labor Liens on Franchises, Earnings, and Property of Certain Companies. › 60.32.040 - Manner of enforcing liens.

RCW 60.32.040
Manner of enforcing liens.
Any such lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed.
[ 1897 c 43 § 4; RRS § 1152.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.32 - Labor Liens on Franchises, Earnings, and Property of Certain Companies. › 60.32.050 - Receiver or assignee to pay claims first.

RCW 60.32.050
Receiver or assignee to pay claims first.
Whenever a receiver or assignee is appointed for any person, company or corporation, the court shall require such receiver or assignee to pay all claims for which a lien could be filed under this chapter, before the payment of any other debts or claims, other than operating expenses.
[ 1897 c 43 § 5; RRS § 1153.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.34 - Lien of Restaurant, Hotel, Tavern, etc., Employees. › 60.34.010 - Liens authorized.

RCW 60.34.010
Liens authorized.
Every person performing labor in the operation of any restaurant, hotel, tavern, or other place of business engaged in the selling of prepared foods or drinks, or any hotel service employee, shall have a lien on the earnings and on all the property of his or her employer used in the operation of said business to the extent of the moneys due him or her for labor performed within three months next preceding the filing of his or her claim therefor.
[ 2012 c 117 § 150; 1953 c 205 § 1.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.34 - Lien of Restaurant, Hotel, Tavern, etc., Employees. › 60.34.020 - Notice of lien—Contents—Filing and serving.

RCW 60.34.020
Notice of lien—Contents—Filing and serving.
The lien claimant shall within thirty days after he or she has ceased to perform such labor, file for record with the auditor of the county in which the labor was performed a notice of claim, containing a statement of his or her demand, the name of the employer and the name of the person employing him or her, if known, with a statement of the terms and conditions of his or her contract, if any, and the time he or she commenced the employment, and the date of his or her last service, and shall serve or mail a copy thereof to said employer within said period.
[ 2012 c 117 § 151; 1953 c 205 § 2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.34 - Lien of Restaurant, Hotel, Tavern, etc., Employees. › 60.34.030 - Manner of serving notice.

RCW 60.34.030
Manner of serving notice.
Service of the notice of claim may be made in the same manner as summons in civil actions.
[ 1953 c 205 § 3.]
NOTES:
Service of summons in civil actions: RCW 4.28.080.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.34 - Lien of Restaurant, Hotel, Tavern, etc., Employees. › 60.34.040 - Manner of enforcing liens—Costs.

RCW 60.34.040
Manner of enforcing liens—Costs.
The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed, when said lien is upon real property, or in the same manner as provided in chapter 60.10 RCW when the lien is upon personal property. The court may allow as part of the costs of the action the money paid for filing or recording the claim and a reasonable attorney fee.
[ 1995 c 62 § 8; 1969 c 82 § 12; 1959 c 173 § 1; 1953 c 205 § 4.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.34 - Lien of Restaurant, Hotel, Tavern, etc., Employees. › 60.34.050 - Priority of lien.

RCW 60.34.050
Priority of lien.
The lien created herein shall be preferred to any encumbrance which may attach after the commencement of the labor and is also preferred to any encumbrance which may have attached previously to that time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant had no notice.
[ 1953 c 205 § 5.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.010 - Liens created.

RCW 60.36.010
Liens created.
All steamers, vessels and boats, their tackle, apparel and furniture, are liable—
(1) For service rendered on board at the request of, or under contract with their respective owners, charterers, masters, agents or consignees.
(2) For work done or material furnished in this state for their construction, repair or equipment at the request of their respective owners, charterers, masters, agents, consignees, contractors, subcontractors, or other person or persons having charge in whole or in part of their construction, alteration, repair or equipment; and every contractor, builder or person having charge, either in whole or in part, of the construction, alteration, repair or equipment of any steamer, vessel or boat, shall be held to be the agent of the owner for the purposes of RCW 60.36.010 and 60.36.020, and for supplies furnished in this state for their use, at the request of their respective owners, charterers, masters, agents or consignees, and any person having charge, either in whole or in part, of the purchasing of supplies for the use of any such steamer, vessel or boat, shall be held to be the agent of the owner for the purposes of RCW 60.36.010 and 60.36.020.
(3) For their wharfage and anchorage within this state.
(4) For nonperformance or malperformance of any contract for the transportation of persons or property between places within this state, or to or from places within this state, made by their respective owners, masters, agents or consignees.
(5) For injuries committed by them to persons or property within this state, or while transporting such persons or property to or from this state. Demands for these several causes constitute liens upon all steamers, vessels and boats, and their tackle, apparel and furniture, and have priority in the order of the subdivisions hereinbefore enumerated, and have preference over all other demands; but such liens continue in force only for a period of three years from the time the cause of action accrued.
[ 1901 c 24 § 1; Code 1881 § 1939; 1877 p 216 § 1; RRS § 1182. Prior: 1858 p 29 § 1.]
NOTES:
Lien of pilot for pilotage compensation: RCW 88.16.140.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.020 - Actions to enforce liens.

RCW 60.36.020
Actions to enforce liens.
Such liens may be enforced, in all cases of maritime contracts or service, by a suit in admiralty, in rem, and the law regulating proceedings in admiralty shall govern in all such suits; and in all cases of contracts or service not maritime, by a civil action in any superior court of this state as provided in RCW 60.10.023.
[ 1995 c 62 § 9; 1969 c 82 § 19; Code 1881 § 1940; 1877 p 216 § 2; RRS § 1183.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.030 - Liens for handling cargo.

RCW 60.36.030
Liens for handling cargo.
All steamers, vessels, and boats, their tackle, apparel, and furniture shall be held liable at all ports and places within this state or within the jurisdiction of the courts of this state or within the jurisdiction of the courts of the United States in said state for services rendered by stevedores, longshore workers, or others engaged in the loading, unloading, stowing, or dunnaging of cargo in or from any steamer, vessel, or boat in any harbor or at any other place within said state, or within the jurisdiction of the courts thereof as above stated, and said steamers, vessels, and boats shall further be liable as per their contracts for all services performed upon wharfs or landing places by stevedores, longshore workers, or others: PROVIDED, That such services must have been so performed in and about and be connected with the loading, unloading, dunnaging, or stowing of said cargo.
[ 2013 c 23 § 123; 1901 c 75 § 1; RRS § 1184.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.040 - Liens for handling cargo—Priority.

RCW 60.36.040
Liens for handling cargo—Priority.
Demands for wages and all sums due under contracts or otherwise for the performance of all or any of the services mentioned in RCW 60.36.030 shall constitute liens upon all steamers, vessels, and boats, their tackle, apparel, and furniture, and shall have priority over all other demands save and excepting the demands mentioned in RCW 60.36.010 (1), (2), and (3), to which said demands the lien hereby provided shall be subordinate: PROVIDED, That such liens shall only continue in force for the period of three years from the date when such work was done or the last services performed by such stevedores, longshore workers, or others.
[ 2013 c 23 § 124; 1901 c 75 § 2; RRS § 1185.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.050 - Liens for handling cargo—Foreclosure.

RCW 60.36.050
Liens for handling cargo—Foreclosure.
The liens hereby created may be foreclosed as provided in RCW 60.10.023.
[ 1995 c 62 § 10; 1969 c 82 § 13; 1901 c 75 § 3; RRS § 1186.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.36 - Lien on Vessels and Equipment. › 60.36.060 - Lien for breach of contract for towing, dunnaging, stevedoring, etc.

RCW 60.36.060
Lien for breach of contract for towing, dunnaging, stevedoring, etc.
Whenever the owner, charterer, or any person or corporation operating, managing or controlling any steamship, vessel or boat shall wilfully fail, neglect or refuse to carry out or perform any express contract or portion thereof for the towing, loading, unloading, dunnaging or stevedoring of such steamship, vessel or boat, any person or persons, firm or corporation sustaining thereby any loss or damage which is capable of definite ascertainment shall have a lien upon such steamship, vessel or boat for said loss or damage. The rank and priority of the lien hereby created and the manner of its enforcement shall be fixed, controlled and regulated by the provisions of the existing law pertaining to liens for similar services already performed.
[ 1903 c 149 § 1; RRS § 1187.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.40 - Lien for Attorney's Fees. › 60.40.020 - Proceedings to compel delivery of money or papers.

RCW 60.40.020
Proceedings to compel delivery of money or papers.
When an attorney refuses to deliver over money or papers, to a person from or for whom he or she has received them in the course of professional employment, whether in an action or not, he or she may be required by an order of the court in which an action, if any, was prosecuted, or if no action was prosecuted, then by order of any judge of a court of record, to do so within a specified time, or show cause why he or she should not be punished for a contempt.
[ 2012 c 117 § 152; Code 1881 § 3287; 1863 p 406 § 13; RRS § 137.]