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                            ENGROSSED SENATE BILL 6407

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State of Washington              52nd Legislature             1992 Regular Session

By Senators Madsen, Anderson, Matson and Vognild

Read first time 01/29/92.  Referred to Committee on Commerce & Labor.Providing for awards in construction contract actions.

     AN ACT Relating to public works construction contracts; and adding a new section to chapter 39.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 39.04 RCW to read as follows:

     (1) In an action arising out of a construction contract with a public owner and where there is a monetary claim for damage by either party that does not exceed two hundred fifty thousand dollars, the court shall award to the prevailing party reasonable attorneys' fees, costs, and interest in connection with the action.

     (2) As used in this section, "costs" means reasonable and necessary expenses incurred in the prosecution or defense of an action.

     (3) As used in this section, "public owner" means the state of Washington, or a municipality, or other public body that contracts for public improvements or work.

     (4) As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.

     (5) The rights provided for under this section are not subject to waiver by the parties to a contract that is entered into after the effective date of this act.  A provision in such a contract or lease that provides for a waiver of attorneys' fees, costs, or interest is void as against public policy.