Who can file a construction lien in Washington?

Title 60 of the Revised Code of Washington deals with liens, including who has the right to file/record them and the procedure to foreclose on certain types of liens. Section 60.04.021 provides that any person who furnishes labor, professional services, materials, or equipment for the improvement of real property can record a lien upon the improvement for the contract price of labor, professional services, materials, or equipment, provided that they were furnished at the request of the owner, or the agent or construction agent of the owner.

As defined in RCW 60.04.011(13), “professional services” means surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property. While this section does not specifically include an interior decorator (the only specific professions to fall within this definition are architects, surveyors and engineers), if the interior decorating services include the preparation of specifications for the improvement, then it is reasonable to presume that the interior decorator's services would qualify for lien rights.

Additionally, the definition of "labor" within the mechanic's lien statute includes both physical labor and "powers of the mind performed at the site for compensation" (RCW 60.04.001). If the interior decorarting services were rendered on-site, then they should also qualify under this section.

Although the right to file a lien may arise under these circumstances, the mechanic's lien statute is very technical. An attorney versed in this area can assist you in regards to your rights and remedies.

I am less optimistic than Mr. Sullivan that an interior designer can file a construction lien in Washington. In my opinion it may depend on the qualifications of the person asserting the lien. Any such lien would fall under a lien for professional services as defined in RCW 60.04.011(13). Under that definition, arguably, a person asserting a lien for professional services has to be providing surveying, architectural or engineering services. In Washington, all three are licensed professions. I recognize that some interior designers are licensed as architects, but many are not. If the person isn't licensed, I believe there is a good argument that they have no lien rights.