BILL REQ. #: H-0785.2
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/26/2007. Referred to Committee on Judiciary.
AN ACT Relating to claims under a construction contract; amending RCW 4.24.370 and 4.24.380; and adding a new section to chapter 4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 4.24 RCW
to read as follows:
(1) Any clause in a construction contract that purports to waive,
release, or extinguish the claim rights of a contractor, subcontractor,
or supplier to damages or an equitable adjustment based on failure to
submit claim notice or claim-related documentation in a specified time
frame or form is waived to the extent that the contractor,
subcontractor, or supplier shows by a preponderance of the evidence
that:
(a) The party to whom the claim is being made had knowledge of and
consented to the actions of the contractor, subcontractor, or supplier
that are the basis of the claim; and
(b) The actions of the contractor, subcontractor, or supplier that
are the basis of the claim benefited the party to whom the claim is
being made.
(2) For purposes of this section, "construction contract" has the
same meaning as the term is defined in RCW 4.24.370.
Sec. 2 RCW 4.24.370 and 1979 ex.s. c 264 s 2 are each amended to
read as follows:
"Construction contract" for purposes of RCW 4.24.360 and section 1
of this act means any contract or agreement for the construction,
alteration, repair, addition to, subtraction from, improvement to, or
maintenance of, any building, highway, road, railroad, excavation, or
other structure, project, development, or improvement attached to real
estate, including moving and demolition in connection therewith.
Sec. 3 RCW 4.24.380 and 1979 ex.s. c 264 s 3 are each amended to
read as follows:
(1) The provisions of RCW 4.24.360 shall apply to contracts or
agreements entered into after September 1, 1979.
(2) Section 1 of this act applies to contracts or agreements
entered into on or after the effective date of this act.