CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 1671

                   Chapter 107, Laws of 1999

                        56th Legislature

                      1999 Regular Session

PUBLIC WORKS CONTRACT ACTIONS--DOLLAR LIMITS

                    EFFECTIVE DATE:  7/25/99

Passed by the House March 5, 1999   Yeas 97   Nays 0              CLYDE BALLARD Speaker of the House of Representatives               FRANK CHOPP Speaker of the House of Representatives Passed by the Senate April 8, 1999   Yeas 47   Nays 0

CERTIFICATE We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1671  as passed by the House of Representatives and the Senate on the dates hereon set forth.            DEAN R. FOSTER                           Chief Clerk           TIMOTHY A. MARTIN                           Chief Clerk

BRAD OWEN President of the Senate

Approved April 23, 1999 Place Style On Codes above, and Style Off Codes below.	FILED                            April 23, 1999 - 3:25 p.m.
GARY LOCKE Governor of the State of Washington	Secretary of State                  State of Washington

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                    SUBSTITUTE HOUSE BILL 1671

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             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Constantine, Radcliff, Kessler, Mastin, Sullivan, Grant, G. Chandler, Reardon, Lisk, Esser, Alexander, McMorris and Mitchell)

Read first time 02/25/1999. 

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)) dollar limitation in RCW 4.84.250 shall not apply; 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.

    Passed the House March 5, 1999.

    Passed the Senate April 8, 1999.

Approved by the Governor April 23, 1999.

    Filed in Office of Secretary of State April 23, 1999.