ESB 6407 - H COMM AMD ADOPTED 03/05/92

By Committee on Commerce & Labor

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. i. A new section is added to chapter 39.04 RCW to read as follows:

(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 amount of the pleading shall be two hundred fifty thousand dollars; and (b) in applying RCW 4.84.280, offers of settlement shall be served on the adverse party in the manner prescribed by the applicable court rules at least one hundred twenty days prior to trial.

(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 the effective date of this act, 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, when any dispute arises in connection with a public works contract, to submit the dispute to arbitration."

ESB 6407 - H COMM AMD

By Committee on Commerce & Labor

On page 1, line 1 of the title, after "contracts;" strike the remainder of the title and insert "and adding a new section to chapter 39.04 RCW."