BILL REQ. #: H-1253.1
State of Washington | 62nd Legislature | 2011 Regular Session |
AN ACT Relating to concurrent jurisdiction of state and federal courts over certain actions under chapters 39.08 and 60.28 RCW, including actions involving delinquent contributions to benefit plans; amending RCW 39.08.030, 39.08.030, and 60.28.030; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 39.08.030 and 2009 c 473 s 1 are each amended to read
as follows:
(1)(a) The bond mentioned in RCW 39.08.010 shall be in an amount
equal to the full contract price agreed to be paid for such work or
improvement, except under subsections (2) and (3) of this section, and
shall be to the state of Washington, except as otherwise provided in
RCW 39.08.100, and except in cases of cities and towns, in which cases
such municipalities may by general ordinance fix and determine the
amount of such bond and to whom such bond shall run((: PROVIDED,)).
However, the same shall not be for a less amount than twenty-five
percent of the contract price of any such improvement, and may
designate that the same shall be payable to such city, and not to the
state of Washington((, and)).
(b) All such persons mentioned in RCW 39.08.010 shall have a right
of action in his, her, or their own name or names on such bond for work
done by such laborers or mechanics, and for materials furnished or
provisions and goods supplied and furnished in the prosecution of such
work, or the making of such improvements((: PROVIDED, That)).
However, such persons shall not have any right of action on such bond
for any sum whatever, unless within thirty days from and after the
completion of the contract with an acceptance of the work by the
affirmative action of the board, council, commission, trustees,
officer, or body acting for the state, county or municipality, or other
public body, city, town or district, the laborer, mechanic or
subcontractor, or material supplier, or person claiming to have
supplied materials, provisions or goods for the prosecution of such
work, or the making of such improvement, shall present to and file with
such board, council, commission, trustees or body acting for the state,
county or municipality, or other public body, city, town or district,
a notice in writing in substance as follows:
Sec. 2 RCW 39.08.030 and 2007 c 218 s 89 are each amended to read
as follows:
(1)(a) The bond mentioned in RCW 39.08.010 shall be in an amount
equal to the full contract price agreed to be paid for such work or
improvement, except under subsection (2) of this section, and shall be
to the state of Washington, except as otherwise provided in RCW
39.08.100, and except in cases of cities and towns, in which cases such
municipalities may by general ordinance fix and determine the amount of
such bond and to whom such bond shall run((: PROVIDED,)). However,
the same shall not be for a less amount than twenty-five percent of the
contract price of any such improvement, and may designate that the same
shall be payable to such city, and not to the state of Washington((,
and)).
(b) All such persons mentioned in RCW 39.08.010 shall have a right
of action in his, her, or their own name or names on such bond for work
done by such laborers or mechanics, and for materials furnished or
provisions and goods supplied and furnished in the prosecution of such
work, or the making of such improvements((: PROVIDED, That)).
However, such persons shall not have any right of action on such bond
for any sum whatever, unless within thirty days from and after the
completion of the contract with an acceptance of the work by the
affirmative action of the board, council, commission, trustees,
officer, or body acting for the state, county or municipality, or other
public body, city, town or district, the laborer, mechanic or
subcontractor, or material supplier, or person claiming to have
supplied materials, provisions or goods for the prosecution of such
work, or the making of such improvement, shall present to and file with
such board, council, commission, trustees or body acting for the state,
county or municipality, or other public body, city, town or district,
a notice in writing in substance as follows:
Sec. 3 RCW 60.28.030 and 1979 ex.s. c 38 s 1 are each amended to
read as follows:
(1) Any person, firm, or corporation filing a claim against the
reserve fund shall have four months from the time of the filing thereof
in which to bring an action to foreclose the lien. The lien shall be
enforced by action in the superior court of the county where filed, and
shall be governed by the laws regulating the proceedings in civil
actions touching the mode and manner of trial and the proceedings and
laws to secure property so as to hold it for the satisfaction of any
lien against it((: PROVIDED, That)). The state courts and the federal
courts shall have concurrent jurisdiction over an action to foreclose
the lien, including an action involving a claim for delinquent
contributions to a benefit plan.
(2) The public body shall not be required to make any detailed
answer to any complaint or other pleading but need only certify to the
court: The name of the contractor; the work contracted to be done; the
date of the contract; the date of completion and final acceptance of
the work; the amount retained; the amount of taxes certified due or to
become due to the state; and all claims filed with it showing
respectively the dates of filing, the names of claimants, and amounts
claimed. Such certification shall operate to arrest payment of so much
of the funds retained as is required to discharge the taxes certified
due or to become due and the claims filed in accordance with this
chapter.
(3) In any action brought to enforce the lien, the claimant, if he
prevails, is entitled to recover, in addition to all other costs,
attorney fees in such sum as the court finds reasonable.
(4) If a claimant fails to bring action to foreclose his lien
within the four months period, the reserve fund shall be discharged
from the lien of his claim and the funds shall be paid to the
contractor. The four months limitation shall not, however, be
construed as a limitation upon the right to sue the contractor or his
surety where no right of foreclosure is sought against the fund.
NEW SECTION. Sec. 4 Section 1 of this act expires June 30, 2016.
NEW SECTION. Sec. 5 Section 2 of this act takes effect June 30,
2016.