Washington State
Which laws set a contractor's payment and site duties in Washington State?
Three groups of statutes do most of the work on a Washington construction job. On a public work, the prevailing wage, retainage and bond chapters decide when you are paid. On private work, the lien chapter protects payment if you record a claim within 90 days. On every site, you request utility locates and report serious injuries.
Getting paid on a public work
Before any sum due on a public works contract is paid, the disbursing officer must require a statement from the contractor and from each subcontractor at every tier (RCW 39.12.040(1)(a)). The public body keeps no more than 5% as retainage and releases it 60 days after completion, once the affidavits of wages paid and the state's releases are in. An unpaid party claims on the contractor's bond within 30 days of acceptance.
How public works payment works.
- Prevailing wageWashington prevailing wage under RCW 39.12: the statement of intent before any payment, the affidavit of wages paid, monthly certified payroll, apprentices.
- RetainageWashington retainage under RCW 60.28: no more than 5%, held in trust, a retainage bond released within 30 days, and release 60 days after completion.
- Bond and retainage claimsUnpaid on a Washington public work: a bond claim within 30 days of acceptance, a retainage lien within 45 days, and the supplier notices.
- Prompt paymentWashington prompt payment: the public body pays within 30 days, withholding notice within 8 working days, subcontractors paid within 10 days, interest.
Private work: mechanics' liens
A claim of lien is recorded within 90 days after you last furnish, and enforced within 8 months of recording. It may be given at any time but protects only what was supplied after the date 60 days before it is mailed by certified or registered mail, or delivered personally with a signed receipt or an affidavit of service (RCW 60.04.031(1)).
On site
Utility locates are requested at least 2 business days before digging, and a fatality or inpatient hospitalization is reported to Labor and Industries within 8 hours.
- Utility locatesWashington's dig law, RCW 19.122: request locates 2 business days ahead, wait for every mark, renew after 45 days, report damage within 45 days.
- Injury reportingWashington injury reporting: a fatality or inpatient hospitalization within 8 hours, an amputation or loss of an eye within 24 hours, and appeals.
- Archaeological findsWashington discoveries on a construction site: the archaeological permit, native Indian graves, and stopping and reporting skeletal human remains.
- Contractor registrationWashington contractor registration under RCW 18.27: register before bidding, keep the bond and insurance, renew every 24 months, use registered subcontractors.
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.