How do you claim on the contractor's bond or the retainage in Washington?
An unpaid subcontractor, supplier or laborer on a Washington public work has two funds to claim against. A notice of claim on the contractor's bond is filed within 30 days of completion and acceptance, and a lien on the retainage within 45 days of completion. A supplier to a subcontractor gives early notice too.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Give the public body a bond with a surety company, for the full contract price, conditioned to perform the contract and to pay all laborers, mechanics, subcontractors and suppliers | none setRCW 39.08.010(1)-(5), 39.08.015, 39.08.030(1)(a), (2); 39.04.152(5) | a breach of contractLapsed compliance |
| As a laborer, mechanic, subcontractor or supplier, file a written notice of claim against the contractor's bond with the public body within 30 days after the contract is completed and the work accepted | 30 daysRCW 39.08.010(1), (2), 39.08.030(1) | the claim is barredMissed claims |
| When supplying materials, supplies or provisions to a subcontractor on a public work, give the contractor written notice within 10 days after the first delivery that the contractor and its bond will be held for payment | 10 daysRCW 39.08.065 | the claim is barredMissed claims |
| As a person who performed labor or furnished supplies on a public improvement, give notice of a lien on the retainage within 45 days of completion of the contract work | 45 daysRCW 60.28.011(2), (11), 60.28.021; 39.08.030(1) | the claim is barredMissed claims |
| When supplying materials, supplies or equipment for a public work, give the contractor written notice that a lien on the retained percentage may be claimed, since it covers only what was furnished from 60 days before it | 60 daysRCW 60.28.015 | the claim is barredMissed claims |
| Bring an action to foreclose a lien on the retainage within 4 months from filing the claim | 4 monthsRCW 60.28.030 | the claim is barredMissed claims |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Give the public body a bond with a surety company, for the full contract price, conditioned to perform the contract and to pay all laborers, mechanics, subcontractors and suppliers
RCW 39.08.010(1)-(5), 39.08.015, 39.08.030(1)(a), (2); 39.04.152(5) · none set · a breach of contract
- Cities, towns, public transportation benefit areas and passenger-only ferry service districts may fix a lower amount, not below 25% of the contract price, and water-sewer districts not below the full price (RCW 39.08.030(1)(a)).
- On a contract of USD 150,000 or less, at the contractor's option the public body may instead retain 10% of the contract amount for 30 days after final acceptance or until the DOR, ESD and L&I releases and settlement of any chapter 60.28 RCW liens, whichever is later, and may accept a payment and performance bond from individual sureties (RCW 39.08.010(3), (4)).
As a laborer, mechanic, subcontractor or supplier, file a written notice of claim against the contractor's bond with the public body within 30 days after the contract is completed and the work accepted
RCW 39.08.010(1), (2), 39.08.030(1) · 30 days · the claim is barred
- Who may claim: laborers, mechanics, subcontractors, material suppliers and anyone who supplies the contractor or its subcontractors with provisions and supplies for the work (RCW 39.08.010(1)(a)(ii)); a person furnishing services or material to a subcontractor has the same rights as if it furnished the contractor (RCW 39.08.010(1)(b)).
- The 30 days run from the completion of the contract with an acceptance of the work by the affirmative action of the public body (RCW 39.08.030(1)(a)).
- A claimant that sues on the bond recovers reasonable attorneys' fees, but not in a suit brought within 30 days after filing the notice (RCW 39.08.030(1)(b)).
When supplying materials, supplies or provisions to a subcontractor on a public work, give the contractor written notice within 10 days after the first delivery that the contractor and its bond will be held for payment
RCW 39.08.065 · 10 days · the claim is barred
- Without it, no suit may be maintained against the contractor or its bond for those materials, supplies or provisions (RCW 39.08.065).
- It applies to materials, supplies and provisions, not to labor.
As a person who performed labor or furnished supplies on a public improvement, give notice of a lien on the retainage within 45 days of completion of the contract work
RCW 60.28.011(2), (11), 60.28.021; 39.08.030(1) · 45 days · the claim is barred
- Every person performing labor or furnishing supplies toward completion of a public improvement contract has a lien on the moneys the public body reserves (RCW 60.28.011(2)).
- The notice is given in the manner RCW 39.08.030 sets for a bond claim: a signed written notice filed with the public body naming the claimant, the amount, the principal and surety and the work (RCW 60.28.011(2), 39.08.030(1)).
When supplying materials, supplies or equipment for a public work, give the contractor written notice that a lien on the retained percentage may be claimed, since it covers only what was furnished from 60 days before it
RCW 60.28.015 · 60 days · the claim is barred
- It is given by registered or certified mail addressed to the contractor, or by personal service on the contractor or its representative with a signed receipt or acknowledgment (RCW 60.28.015).
- Without it, no suit may be maintained against the retained percentage for those materials, supplies or equipment (RCW 60.28.015).
Bring an action to foreclose a lien on the retainage within 4 months from filing the claim
RCW 60.28.030 · 4 months · the claim is barred
- If no action is brought within the 4 months, the retainage is discharged from that claim and paid to the contractor; the limit does not bar a suit against the contractor or its surety that seeks no foreclosure on the fund (RCW 60.28.030).
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.