Revised Code of Washington
Chapter 39.04 - Public Works.
39.04.240 - Public works contracts—Awarding of attorneys' fees.

RCW 39.04.240
Public works contracts—Awarding of attorneys' fees.

(1) The provisions of RCW 4.84.250 through 4.84.280 shall apply to an action arising out of a public works contract in which the state or a municipality, or other public body that contracts for public works, is a party, except that: (a) The maximum dollar limitation in RCW 4.84.250 shall not apply; and (b) in applying RCW 4.84.280, the time period for serving offers of settlement on the adverse party shall be the period not less than thirty days and not more than one hundred twenty days after completion of the service and filing of the summons and complaint.
(2) The rights provided for under this section may not be waived by the parties to a public works contract that is entered into on or after June 11, 1992, and a provision in such a contract that provides for waiver of these rights is void as against public policy. However, this subsection shall not be construed as prohibiting the parties from mutually agreeing to a clause in a public works contract that requires submission of a dispute arising under the contract to arbitration.

[ 1999 c 107 § 1; 1992 c 171 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 39 - Public Contracts and Indebtedness

Chapter 39.04 - Public Works.

39.04.010 - Definitions.

39.04.015 - Adjustment to bid price—Conditions.

39.04.020 - Plans and specifications—Estimates—Publication—Emergencies.

39.04.040 - Work to be executed according to plans—Supplemental plans.

39.04.050 - Contents of original estimates.

39.04.060 - Supplemental estimates.

39.04.070 - Account and record of cost.

39.04.080 - Certified copy to be filed—Engineers' certificate.

39.04.100 - Records open to public inspection—Certified copies.

39.04.105 - Competitive bidding—Written protests—Notice of contract execution.

39.04.107 - Competitive bidding—Bidder claiming error.

39.04.110 - Penalty for false entries.

39.04.120 - Change orders due to environmental protection requirements—Costs—Dispute resolution.

39.04.130 - Application of RCW 39.04.120.

39.04.133 - State capital improvement or construction projects—Product standards.

39.04.135 - Demolition projects—Recycling or reuse of materials.

39.04.155 - Small works roster contract procedures—Limited public works process—Definitions.

39.04.156 - Small works roster manual—Notification to local governments.

39.04.160 - Contracts subject to requirements established under office of minority and women's business enterprises.

39.04.162 - Awards of procurement contracts to veteran-owned businesses.

39.04.170 - Application of chapter to performance-based contracts for energy equipment.

39.04.175 - Application of chapter to certain agreements relating to water pollution control, solid waste handling facilities.

39.04.180 - Trench excavations—Safety systems required.

39.04.190 - Purchase contract process—Other than formal sealed bidding.

39.04.200 - Small works roster or purchase contracts—Listing of contracts awarded required.

39.04.210 - Correctional facilities construction and repair—Findings.

39.04.220 - Correctional facilities construction and repair—Use of general contractor/construction manager method for awarding contracts—Demonstration projects.

39.04.230 - Correctional facilities construction and repair—Alternative contracting method to remain in force until contracts completed.

39.04.235 - Public works contracts—Unit priced contracts—When authorized—Bidding requirements.

39.04.240 - Public works contracts—Awarding of attorneys' fees.

39.04.250 - Payments received on account of work performed by subcontractor—Disputed amounts—Remedies.

39.04.260 - Private construction performed pursuant to contract for rental, lease, or purchase by state—Must comply with prevailing wage law.

39.04.270 - Electronic data processing and telecommunications systems—Municipalities—Acquisition method—Competitive negotiation—Findings, intent.

39.04.280 - Competitive bidding requirements—Exemptions.

39.04.290 - Contracts for building engineering systems.

39.04.300 - Apprenticeship training programs—Purpose.

39.04.310 - Apprenticeship training programs—Definitions.

39.04.320 - Apprenticeship training programs—Public works contracts—Adjustment of specific projects—Report and collection of agency data—Apprenticeship utilization advisory committee created.

39.04.330 - Use of wood products—Compliance with chapter 39.35D RCW.

39.04.340 - Apprenticeship and training council outreach effort.

39.04.350 - Bidder responsibility criteria—Sworn statement—Supplemental criteria.

39.04.360 - Payment of undisputed claims.

39.04.370 - Contract requirements—Off-site prefabricated items—Submission of information.

39.04.380 - Preference for resident contractors.

39.04.400 - Repair or replacement of structurally deficient bridges.

39.04.410 - Public works projects—Pollinator habitat.

39.04.420 - Signage for 988 national suicide prevention and mental health crisis hotline.

39.04.900 - Rights may not be waived—Construction—1992 c 223.

39.04.901 - Application—1992 c 223.