Washington Bond Claim Guide and FAQs

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Washington Bond Claim Overview

Washington

Preliminary Notice Deadlines
None / not applicable.

Washington

Bond Claim Deadlines
None / not applicable.

Washington

Preliminary Notice Deadlines
60 Days

Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub.

Washington

Bond Claim Deadlines
30 Days

Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.

Washington

Preliminary Notice Deadlines
60 Days

Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub.

Washington

Bond Claim Deadlines
30 Days

Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.

Washington Bond Claim FAQs

Claim FAQs

Who is protected under Washington Bond Claim Laws?

In, subcontractors, sub-subcontractors, and laborers or material suppliers to the general contractor or first-tier subcontractors are protected. A supplier to a supplier is not allowed to recover.

When is the deadline to file a Washington Bond Claim?

Bond Claim: The bond claim must be delivered to and filed with the contracting public entity within 30 days from the completion of the contract and acceptance of the project as a whole.

Lien on Funds: The notice of a claim of lien on funds must be given to the contracting public agency within 45 days of completion of the work.

Who should receive the Washington Bond Claim?

Bond Claim: In Washington, the bond claim must only be provided to the board, council, commission, trustees or body acting for the state, county or municipality, or other public body, city, town or district.

Lien on Funds: Must only be delivered to the contracting public entity.

When is the deadline to initiate suit, or, how long is my Washington Bond Claim effective?

In Washington, a suit to enforce a bond claim has no specific statutory time limit. However, if there is limiting language in the terms of the bond itself, it will be held to control. In any event, the suit may not be initiated more than 6 years after the notice of the claim.

A suit to enforce the lien on contract funds must be initiated within 4 months of the filing of the claim.

What must the Washington Bond Claim include?

In Washington, the basic form for the bond claim is set out by statute and must include the name of the claimant, the amount of claim, the name of the general contractor, the surety, and a description of the project and labor and/or materials furnished.

How must the Washington Bond Claim be sent?

A Washington bond claim and lien on contract funds must be delivered to and filed with the public entity. It may be advisable to send the claim to the public entity via registered or certified mail, or personal service to ensure receipt.

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Washington Bond Claim Free Forms

Notice of Intent to Make Bond Claim Form - free from

Notice of Intent to Make Bond Claim Form

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Washington State or County Bond Claim Form - free from

Washington State or County Bond Claim Form

A Public Claim of Lien should be filed/delivered on public or government projects when labor has been performed or materials provided, and you have not...

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Washington Bond Claim Statute FAQs

When you perform work on a state construction project in Washington, and are not paid, you can file a “lien” against the project pursuant to Washington’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” Washington’s Little Miller Act is found in Revised Code of Washington, Title 39, Chapter 39.08, and is reproduced below.

Washington Little Miller Act

39.08.010 Bond required — Conditions — Retention of contract amount in lieu of bond — Contracts of one hundred thousand dollars or less.

(1)(a) Whenever any board, council, commission, trustees, or body acting for the state or any county or municipality or any public body must 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 must 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 a surety company as surety, conditioned that such person or persons must:
(i) Faithfully perform all the provisions of such contract:
(ii) Pay all laborers, mechanics, and subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work; and
(iii) Pay the taxes, increases, and penalties incurred on the project under Title 50, 51, and RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) projects for which the bond is conditioned on the payment of such taxes, increases, and penalties.
(b) The bond, in cases of cities and towns, must be filed with the clerk or comptroller thereof, and any person or persons performing such services or furnishing material to any subcontractor has the same right under the provisions of such bond as if such work, services, or material was furnished to the original contractor.
(2) The provisions of RCW 39.08.010 through 39.08.030 do not apply to any money loaned or advanced to any such contractor, subcontractor, or other person in the performance of any such work.
(3) On contracts of thirty-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, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later.
(4) For contracts of one hundred thousand dollars or less, the public entity may accept a full payment and performance bond from an individual surety or sureties.
(5) The surety must agree to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington.

39.08.015 Liability for failure to take bond.

If any board of county commissioners of any county, or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be liable to the persons mentioned in RCW 39.08.010, to the full extent and for the full amount of all such debts so contracted by such contractor.

39.08.030 Conditions of bond — Notice of claim — Action on bond — Attorney's fees (as amended by 2012 c 28) (Effective until June 30, 2016)

(1) 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, towns, and water-sewer districts, 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, The same shall not be for a less amount than twenty-five percent of the contract price of any such improvement for cities and towns, and not less than the full contract price of any such improvement for water-sewer districts, and may designate that the same shall be payable to such city, town, or water-sewer district and not to the state of Washington, and 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 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:
………….
To (here insert the name of the state, county or municipality or other public body, city, town or district):
Notice is hereby given that the
undersigned (here insert the name of the
laborer, mechanic or subcontractor, or
material supplier, or person claiming to have furnished labor, materials or
provisions for or upon such contract or work) has a claim in the sum of …… dollars (here insert the amount) against the bond taken from …… (here insert the name of the principal and surety or sureties upon such bond) for the work of …… (here insert a brief mention or description of the work concerning which said bond was taken).
(here to be signed)
…………
Such notice shall be signed by the person or corporation making the claim or giving the notice, and said notice, after being presented and filed, shall be a public record open to inspection by any person, and in any suit or action brought against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the claimant shall be entitled to recover in addition to all other costs, attorneys’ fees in such sum as the court shall adjudge reasonable: PROVIDED, HOWEVER, That no attorneys’ fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of filing of the notice hereinbefore mentioned: PROVIDED FURTHER, That any city may avail itself of the provisions of RCW 39.08.010 through 39.08.030, notwithstanding any charter provisions in conflict herewith: AND PROVIDED FURTHER, That any city or town may impose any other or further conditions and obligations in such bond as may be deemed necessary for its proper protection in the fulfillment of the terms of the contract secured thereby, and not in conflict herewith.
(2) Under the job order contracting procedure described in RCW 39.10.420, bonds will be in an amount not less than the dollar value of all open work orders.
(3)(a) On highway construction contracts administered by the department of transportation with an estimated contract price of two hundred fifty million dollars or more, the department may authorize bonds in an amount less than the full contract price of the project. If a bond less than the full contract price is authorized by the department, the bond must be in the form of a performance bond and a separate payment bond. The department shall fix the amount of the performance bond on a contract-by-contract basis to adequately protect one hundred percent of the state’s exposure to loss. The amount of the performance bond must not be less than two hundred fifty million dollars. The payment bond must be in an amount fixed by the department but must not be less than the amount of the performance bond. The secretary of transportation must approve each performance bond and payment bond authorized to be less than the full contract price of a project. Before the secretary may approve any bond authorized to be less than the full contract price of a project, the office of financial management shall review and approve the analysis supporting the amount of the bond set by the department to ensure that one hundred percent of the state’s exposure to loss is adequately protected. All the requirements of this chapter apply respectively to the individual performance and payment bonds. The performance bond is solely for the protection of the department. The payment bond is solely for the protection of laborers, mechanics, subcontractors, and suppliers mentioned in RCW 39.08.010.
(b) The department shall develop risk assessment guidelines and gain approval of these guidelines from the office of financial management before implementing (a) of this subsection. The guidelines must include a clear process for how the department measures the state’s exposure to loss and how the performance bond amount, determined under (a) of this subsection, adequately protects one hundred percent of the state’s exposure to loss.

39.08.065 Notice to contractor condition to suit on bond when supplies are furnished to subcontractor.

Every person, firm or corporation furnishing materials, supplies or provisions to be used in the construction, performance, carrying on, prosecution or doing of any work for the state, or any county, city, town, district, municipality or other public body, shall, not later than ten days after the date of the first delivery of such materials, supplies or provisions to any subcontractor or agent of any person, firm or corporation having a subcontract for the construction, performance, carrying on, prosecution or doing of such work, deliver or mail to the contractor a notice in writing stating in substance and effect that such person, firm or corporation has commenced to deliver materials, supplies or provisions for use thereon, with the name of the subcontractor or agent ordering or to whom the same is furnished and that such contractor and his bond will be held for the payment of the same, and no suit or action shall be maintained in any court against the contractor or his bond to recover for such material, supplies or provisions or any part thereof unless the provisions of this section have been complied with.

39.08.080 Liens for labor, materials, taxes, on public works.

See chapter 60.28 RCW.

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