When must a public body and a contractor pay in Washington State?
A Washington public body pays within 30 days of a properly completed invoice, or tells the contractor within 8 working days why it is withholding. Late payment carries interest. A contractor pays each subcontractor its share within 10 days of receiving payment, and may withhold only within the limits the statutes set.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Pay each subcontractor its share of a payment received for public work within 10 days after receiving it | 10 daysRCW 39.04.250(1)-(3) | a breach of contractDisputes |
| Charge interest, for every month and part of a month, on any payment or retainage wrongfully withheld from you on a public work, at the highest rate allowed under RCW 19.52.025 | none setRCW 39.04.250(3); 19.52.025 | no penalty statedDisputes |
| Be paid by the public body on the date the contract specifies, and not later than 30 days after it receives a properly completed invoice or the goods or services, whichever is later | 30 daysRCW 39.76.011(1), (2)(a), (3) | no penalty statedDisputes |
| Receive any written notice that a public works payment is withheld, stating specifically why and the remedial action required, within 8 working days after the public body receives the payment request | 8 working daysRCW 39.76.011(2)(b)-(d), (3)(b) | no penalty statedDisputes |
| Charge the public body interest at 1% per month, and at least USD 1 a month, on any amount it does not pay on time | none setRCW 39.76.011(1), 39.76.020, 39.76.040 | no penalty statedDisputes |
| Before withholding a subcontractor's payment for unsatisfactory performance, give it notice of the remedial action needed before its payment is due, copy the notice to the public body, and pay within 8 working days after the remedy is complete | 8 working daysRCW 39.76.011(2)(e) | no penalty statedDisputes |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Pay each subcontractor its share of a payment received for public work within 10 days after receiving it
RCW 39.04.250(1)-(3) · 10 days · a breach of contract
- In a good faith dispute the payer may withhold no more than 150% of the disputed amount, and those not party to the dispute are entitled to full and prompt payment of their portion of a draw, progress payment, final payment or released retainage (RCW 39.04.250(2)).
Charge interest, for every month and part of a month, on any payment or retainage wrongfully withheld from you on a public work, at the highest rate allowed under RCW 19.52.025
RCW 39.04.250(3); 19.52.025 · none set · no penalty stated
- The prevailing party in an action to collect is entitled to costs of suit and reasonable attorneys' fees (RCW 39.04.250(3)).
- Each month the state treasurer computes the highest rate permissible under RCW 19.52.020(1) for the next month and files it for publication in the Washington State Register (RCW 19.52.025); the rate itself is not recorded here.
Be paid by the public body on the date the contract specifies, and not later than 30 days after it receives a properly completed invoice or the goods or services, whichever is later
RCW 39.76.011(1), (2)(a), (3) · 30 days · no penalty stated
- On a contract funded by grant or federal money the public body pays the prime contractor for satisfactory performance within 30 calendar days of receiving a payment request that complies with the contract, or of actually receiving the grant or federal money, whichever is later (RCW 39.76.011(2)(a)).
- A payment is made when mailed or personally delivered (RCW 39.76.011(3)(a)).
- An invoice is received when date-stamped or otherwise marked as delivered, and otherwise on the date of the invoice (RCW 39.76.011(3)(b)).
Receive any written notice that a public works payment is withheld, stating specifically why and the remedial action required, within 8 working days after the public body receives the payment request
RCW 39.76.011(2)(b)-(d), (3)(b) · 8 working days · no penalty stated
- A notice that does not state the reasons and remedial actions costs the public body interest at 1% per month from the ninth working day after receipt of the request until the contractor receives a notice that does (RCW 39.76.011(2)(c)).
- A withheld amount is due within 30 calendar days after the prime contractor satisfactorily completes the remedial actions, and carries interest from the thirty-first calendar day until paid (RCW 39.76.011(2)(d)).
Charge the public body interest at 1% per month, and at least USD 1 a month, on any amount it does not pay on time
RCW 39.76.011(1), 39.76.020, 39.76.040 · none set · no penalty stated
- The prevailing party in an action to collect the interest is entitled to reasonable attorney fees (RCW 39.76.040).
Before withholding a subcontractor's payment for unsatisfactory performance, give it notice of the remedial action needed before its payment is due, copy the notice to the public body, and pay within 8 working days after the remedy is complete
RCW 39.76.011(2)(e) · 8 working days · no penalty stated
- The subcontract must allow the withholding, and the notice is given as soon as practicable after the cause is determined and before the subcontractor's payment is due (RCW 39.76.011(2)(e)(i)(A)).
- A prime contractor that does not follow the notice and payment rules owes the subcontractor interest on the withheld amount at 1% per month from the eighth working day (RCW 39.76.011(2)(e)(ii)).
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.