can i file a lien with only a verbal agreement?

If you are in business, you likely should establish a professional relationship with one or more attorneys to whom you can refer your legal questions. Yes, hiring attorneys costs money. However, hiring professionals often is an ordinary and necessary expense of running a business.

Are you in compliance with Chapter 18.27 RCW (Registration of contractors). If you are not registered, you likely can forget about taking any legal actions. The statutes are at: http://apps.leg.wa.gov/RCW/default.aspx?cite=18.27 .

RCW 18.27.080 (Registration prerequisite to suit) provides that: "No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he was a duly registered contractor and held a current and valid certificate of registration at the time he contracted for the performance of such work or entered into such contract."

Chapter 60.04 RCW are the statutes on Mechanics' and materialmen's liens. The statutes are at: http://apps.leg.wa.gov/RCW/default.aspx?cite=60.04 .

What options remain available to you depend on your specific facts. You should review your facts and options with an attorney.

Oral agreements are enforceable in Washington for the most part, including those related to construction services. However, before you file a lien against a homeowner, make sure that you provided them with Washington's Notice to Customer lien disclosure statement required by RCW 18.27.114. If you contract directly with the homeowner, and the contracted amount is $1,000 or more, and the project involves less than 5 residential units or accessory structures, then you must provide the Notice to Customer statement to the homeowner BEFORE you start your work. Failure to provide the statement when required will invalidate any lien later filed against the homeowner and is a violation of Washington's Consumer Protection Act ("CPA"). If you fail to provide the homeowner with the Notice to Customer when required, then you should seek out legal advice to determine how this will affect your ability to collect your money. It is also recommended you hire an attorney who can provide you with the required notice forms prior to taking on any new projects (there is also another form required if you work as a remodeling sub).

Michele has a great answer. 18.27.114 must be complied with, though certain cases have attempted to widdle through the cracks of this provision.

But, as to your specific question - can you file a lien based on an oral agreement? YES as long as you comply with the other requirements of 60.04 and 18.27. Being registered is simply one step - disclosing pertinent facts is another.

Consult with your attorney to determine whether you have a presentable lien claim. Frivolous claims - those which are not proper by law - result in additional damages to the homeowner.