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ENGROSSED
SENATE BILL 6407
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AS
RECOMMENDED BY THE CONFERENCE COMMITTEE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
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)
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, 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 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 to a clause in a
public works contract that requires submission of a dispute arising under the
contract to arbitration.
