S-0768.1  _______________________________________________

                         SENATE BILL 5764

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Heavey, Johnson, McCaslin, T. Sheldon and Haugen

Read first time 02/08/1999.  Referred to Committee on Judiciary.

Eliminating a maximum amount threshold for pleadings in actions arising from public works contracts.

    AN ACT Relating to actions arising out of public works contracts; and amending RCW 39.04.240.

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

    Sec. 1.  RCW 39.04.240 and 1992 c 171 s 1 are each amended 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 June 11, 1992, 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.

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