Z-244 _______________________________________________
SENATE BILL NO. 5756
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators McCaslin, Warnke and DeJarnatt
Read first time 2/6/89 and referred to Committee on Governmental Operations.
AN ACT Relating to sureties for public works bonds; and amending RCW 39.08.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 207, Laws of 1909 as last amended by section 5, chapter 98, Laws of 1982 and RCW 39.08.010 are each amended to read as follows:
Whenever
any board, council, commission, trustees, or body acting for the state or any
county or municipality or any public body shall contract with any person or
corporation to do any work for the state, county, or municipality, or other
public body, city, town, or district, such board, council, commission,
trustees, or body shall require the person or persons with whom such contract
is made to make, execute, and deliver to such board, council, commission,
trustees, or body a good and sufficient bond, ((with two or more sureties,
or)) with a surety company as surety, conditioned that such person or
persons shall faithfully perform all the provisions of such contract and pay
all laborers, mechanics, and subcontractors and materialmen, and all persons
who supply such person or persons, or subcontractors, with provisions and
supplies for the carrying on of such work, which bond in cases of cities and
towns shall be filed with the clerk or comptroller thereof, and any person or
persons performing such services or furnishing material to any subcontractor
shall have the same right under the provisions of such bond as if such work,
services or material was furnished to the original contractor: PROVIDED,
HOWEVER, That the provisions of RCW 39.08.010 through 39.08.030 shall not apply
to any money loaned or advanced to any such contractor, subcontractor or other
person in the performance of any such work: PROVIDED FURTHER, That on
contracts of twenty-five thousand dollars or less, at the option of the
contractor the respective public entity may, in lieu of the bond, retain fifty
percent of the contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of
revenue and the department of labor and industries and settlement of any liens
filed under chapter 60.28 RCW, whichever is later.