Revised Code of Washington

Wash. Rev. Code § 60.04.011 (2026)

Definitions

✓ current as of May 2026

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Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Construction agent" means any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.

(2) "Contract price" means the amount agreed upon by the contracting parties, or if no amount is agreed upon, then the customary and reasonable charge therefor.

(3) "Draws" means periodic disbursements of interim or construction financing by a lender.

(4) "Furnishing labor, professional services, materials, or equipment" means the performance of any labor or professional services, the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies or materials, and the renting, leasing, or otherwise supplying of equipment for the improvement of real property.

(5) "Improvement" means: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs, plants, hedges, or lawns, or providing other landscaping materials on any real property; and (c) providing professional services upon real property or in preparation for or in conjunction with the intended activities in (a) or (b) of this subsection.

(6) "Interim or construction financing" means that portion of money secured by a mortgage, deed of trust, or other encumbrance to finance improvement of, or to real property, but does not include:

(a) Funds to acquire real property;

(b) Funds to pay interest, insurance premiums, lease deposits, taxes, assessments, or prior encumbrances;

(d) Funds to pay other customary fees, which pursuant to agreement with the owner or borrower are to be paid by the lender from time to time;

(e) Funds to acquire personal property for which the potential lien claimant may not claim a lien pursuant to this chapter.

(7) "Labor" means exertion of the powers of body or mind performed at the site for compensation. "Labor" includes amounts due and owed to any employee benefit plan on account of such labor performed.

(8) "Mortgagee" means a person who has a valid mortgage of record or deed of trust of record securing a loan.

(9) "Owner-occupied" means a single-family residence occupied by the owner as his or her principal residence.

(10) "Payment bond" means a surety bond issued by a surety licensed to issue surety bonds in the state of Washington that confers upon potential claimants the rights of third party beneficiaries.

(11) "Potential lien claimant" means any person or entity entitled to assert lien rights under this chapter who has otherwise complied with the provisions of this chapter and is registered or licensed if required to be licensed or registered by the provisions of the laws of the state of Washington.

(12) "Prime contractor" includes all contractors, general contractors, and specialty contractors, as defined by chapter 18.27 or 19.28 RCW, or who are otherwise required to be registered or licensed by law, who contract directly with a property owner or their common law agent to assume primary responsibility for the creation of an improvement to real property, and includes property owners or their common law agents who are contractors, general contractors, or specialty contractors as defined in chapter 18.27 or 19.28 RCW, or who are otherwise required to be registered or licensed by law, who offer to sell their property without occupying or using the structures, projects, developments, or improvements for more than one year.

(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.

(14) "Real property lender" means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, partnership, trust, or individual that makes loans secured by real property located in the state of Washington.

(15) "Site" means the real property which is or is to be improved.

(16) "Subcontractor" means a general contractor or specialty contractor as defined by chapter 18.27 or 19.28 RCW, or who is otherwise required to be registered or licensed by law, who contracts for the improvement of real property with someone other than the owner of the property or their common law agent.

[ 1992 c 126 s 1; 1991 c 281 s 1.]

Notes of Decisions

Cited in 40 cases (3 in the last 5 years), 1993–2026 · leading case: Francisco Guillen v. Benjamin Pearson, 381 P.3d 149 (Wash. Ct. App. 2016).

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Francisco Guillen v. Benjamin Pearson, 381 P.3d 149 (Wash. Ct. App. 2016). · cites it 34× “Inapplicability of Strict Construction Rule ¶29 Milestone argues that we must strictly construe RCW 60.04.011(1) and RCW 60.04.021 in determining whether ABSI was its construction agent.”

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003). · cites it 4× “RCW 60.04.011(15). RCW 60.04.011(5)(a). ROW 60.”

Blue Diamond Grp., Inc. v. KB Seattle 1, Inc., 266 P.3d 881 (Wash. Ct. App. 2011). · cites it 2× “¶17 RCW 60.04.011(13) defines “professional services” as 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…”

Diversified Wood Recycling, Inc. v. Johnson, 251 P.3d 293 (Wash. Ct. App. 2011). · cites it 2× “a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment.”

Diversified Wood Recycling, Inc. v. Johnson, 161 Wash. App. 859 (Wash. Ct. App. 2011). · cites it 2× “a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment.”

Est. of Haselwood v. Bremerton Ice Arena, Inc., 210 P.3d 308 (Wash. 2009). “¶32 RCW 60.04.011(5) defines “improvements”: “Improvement” means: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees,…”

Shelcon Constr. Grp., LLC v. Haymond, 351 P.3d 895 (Wash. Ct. App. 2015). · cites it 2× “” RCW 60.04.011(13). The definition of “improvement” includes, among other things, “providing professional services upon real property or in preparation for or in conjunction with the intended activities” of constructing or landscaping.”

Verbeek Props., LLC v. GreenCo Env't, Inc., 159 Wash. App. 82 (Wash. Ct. App. 2010). “The trial court found that GreenCo’s response raised debatable issues about both of these allegations. As a result, the court denied Verbeek’s motion and allowed GreenCo’s lien to remain on the property.”

TPST Soil Recyclers of Washington, Inc. v. W.F. Anderson Constr., Inc., 957 P.2d 265 (Wash. Ct. App. 1998). · cites it 2× “ANALYSIS In this case of first impression, TPST contends that the removal, treatment and disposition of contaminated soil from real property constitutes an improvement under RCW 60.04.011(5), therefore rendering the property subject to a mechanic’s lien under RCW 60.”

Colorado Structures, Inc. v. Blue Mountain Plaza, LLC, 159 Wash. App. 654 (Wash. Ct. App. 2011). “That phrase is defined as (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs, plants, hedges, or lawns, or…”

Haselwood v. Bremerton Ice Arena, Inc., 155 P.3d 952 (Wash. Ct. App. 2007). “[5] ¶ 39 RCW 60.04.011(5) defines improvements as: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, to, of, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs,…”

Haselwood v. Bremerton Ice Arena, Inc., 137 Wash. App. 872 (Wash. Ct. App. 2007). “5 *886 ¶39 RCW 60.04.011(5) defines improvements as: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, to, of, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs,…”

Show all 40 citing cases →

— Wash. Rev. Code § 60.04.011(1) — 4 cases

Francisco Guillen v. Benjamin Pearson, 381 P.3d 149 (Wash. Ct. App. 2016). “Inapplicability of Strict Construction Rule ¶29 Milestone argues that we must strictly construe RCW 60.04.011(1) and RCW 60.04.021 in determining whether ABSI was its construction agent.”

Gray v. Bourgette Constr., LLC, 249 P.3d 644 (Wash. Ct. App. 2011).

Henifin Constr., LLC v. Keystone Constr., G.W., Inc., 145 P.3d 402 (Wash. Ct. App. 2006).

Gray v. Bourgette Constr., LLC, 160 Wash. App. 334 (Wash. Ct. App. 2011).

— Wash. Rev. Code § 60.04.011(10) — 2 cases

Inland Empire Dry Wall Supply Co. v. W. Sur. Co. (Wash. 2018).

— Wash. Rev. Code § 60.04.011(11) — 1 case

— Wash. Rev. Code § 60.04.011(13) — 7 cases

Blue Diamond Grp., Inc. v. KB Seattle 1, Inc., 266 P.3d 881 (Wash. Ct. App. 2011). “¶17 RCW 60.04.011(13) defines “professional services” as 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…”

Shelcon Constr. Grp., LLC v. Haymond, 351 P.3d 895 (Wash. Ct. App. 2015). “” RCW 60.04.011(13). The definition of “improvement” includes, among other things, “providing professional services upon real property or in preparation for or in conjunction with the intended activities” of constructing or landscaping.”

McAndrews Grp., Ltd. v. Ehmke, 121 Wash. App. 759 (Wash. Ct. App. 2004).

McAndrews Grp., Ltd., Inc. v. Ehmke, 90 P.3d 1123 (Wash. Ct. App. 2004).

Zervas Grp. Architects, PS v. Bay View Tower LLC, 161 Wash. App. 322 (Wash. Ct. App. 2011).

— Wash. Rev. Code § 60.04.011(15) — 2 cases

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003). “RCW 60.04.011(15). RCW 60.04.011(5)(a). ROW 60.”

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003).

— Wash. Rev. Code § 60.04.011(16) — 1 case

— Wash. Rev. Code § 60.04.011(2) — 6 cases

Top Line Builders, Inc. v. Bovenkamp, 320 P.3d 130 (Wash. Ct. App. 2014).

SD Deacon Corp. v. Gaston, 206 P.3d 689 (Wash. Ct. App. 2009).

S.D. Deacon Corp. v. Gaston Bros. Excavating, 150 Wash. App. 87 (Wash. Ct. App. 2009).

Henifin Constr., LLC v. Keystone Constr., G.W., Inc., 145 P.3d 402 (Wash. Ct. App. 2006).

Denise Brackett Woodley v. Style Corp. D/b/a (Wash. Ct. App. 2019).

— Wash. Rev. Code § 60.04.011(3) — 1 case

Pac. Cont'l Bank v. Soundview 90, LLC, 273 P.3d 1009 (Wash. Ct. App. 2012).

— Wash. Rev. Code § 60.04.011(4) — 6 cases

Diversified Wood Recycling, Inc. v. Johnson, 251 P.3d 293 (Wash. Ct. App. 2011). “a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment.”

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003). “RCW 60.04.011(15). RCW 60.04.011(5)(a). ROW 60.”

Diversified Wood Recycling, Inc. v. Johnson, 161 Wash. App. 859 (Wash. Ct. App. 2011). “a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment.”

Stonewood Design, Inc. v. Heritage Homes, Inc., 269 P.3d 297 (Wash. Ct. App. 2011).

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003).

— Wash. Rev. Code § 60.04.011(5) — 15 cases

TPST Soil Recyclers of Washington, Inc. v. W.F. Anderson Constr., Inc., 957 P.2d 265 (Wash. Ct. App. 1998). “ANALYSIS In this case of first impression, TPST contends that the removal, treatment and disposition of contaminated soil from real property constitutes an improvement under RCW 60.04.011(5), therefore rendering the property subject to a mechanic’s lien under RCW 60.”

— Wash. Rev. Code § 60.04.011(5)(a) — 4 cases

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003). “RCW 60.04.011(15). RCW 60.04.011(5)(a). ROW 60.”

McAndrews Grp., Ltd., Inc. v. Ehmke, 90 P.3d 1123 (Wash. Ct. App. 2004).

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003).

Brashear Elec., Inc. v. Norcal Props., LLC (Wash. Ct. App. 2021).

— Wash. Rev. Code § 60.04.011(5)(c) — 1 case

— Wash. Rev. Code § 60.04.011(7) — 6 cases

Pac. Indus., Inc. v. Singh, 86 P.3d 778 (Wash. Ct. App. 2003). “RCW 60.04.011(15). RCW 60.04.011(5)(a). ROW 60.”

Nat'l Concrete Cutting, Inc. v. Nw. GM Contractors, Inc., 107 Wash. App. 657 (Wash. Ct. App. 2001).

Nat. Concrete Cutting v. Nw Gm Contractors, 27 P.3d 1239 (Wash. Ct. App. 2001).

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