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Does the Model Disclosure Notice need to be signed by the owner of the property or the tenant that hired us?

WashingtonPreliminary Notice

If it needs to be signed by the owner and not the tenant of the building how does that work. I can easily find the name and address of a property owner through county assessor but how would I get the document signed in a timely manner when the only option would be mailing it to them?

1 reply

Sep 30, 2019

Generally, a Model Disclosure Notice will be sent to the owner of the project property. However, RCW §18.27.114, which creates the Model Disclosure Notice requirements, states that the notice should be provided to the contractor's customer - that section doesn't specifically reference the property owner. So, based on the text of that statute, it would seem like providing a Model Disclosure Notice to the tenant should be sufficient to fulfil the notice requirements created by RCW §18.27.114. Further, generally, when a construction project is undertaken by the tenant rather than the owner, themselves, contractors who provide work for the improvement will generally be entitled to mechanics lien rights against the tenant's interest - but not the owner's interest (unless the tenant is acting at the owner's agent for the purposes of the project). So, for the purposes of sending a Model Disclosure Statement, usually a tenant is the "customer" who should be notified of potential lien rights anyway since it'd be their interest getting liened anyway. More on mechanics liens and tenant improvements here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement? More on Washington mechanics lien rights here: Washington Mechanics Lien Guide and FAQs

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