News for Legal Issues
Changes to paid sick leave for unionized construction workers
Very little reporting has focused on a new law, signed by Governor Inslee on April 30, 2019, that significantly changes the Paid Sick Leave Law (RCW 49.46.210) for construction workers covered by a collective bargaining agreement.
Posted on: 08/21/2019
AGCW announces updated standard subcontract form
AGC of Washington's standard subcontract form is one of the most widely used subcontract forms in Washington. As the form was last updated ten years ago in 2009, the AGC of Washington Legal Affairs Committee decided to update the form and make appropriate revisions based on feedback from members and recent developments in the law.
Posted on: 05/20/2019
Condo liability reform legislation signed into law
On April 30, the Governor signed condo liability reform legislation, SB 5334, which is intended to revise overreaching condo warranty liability from the 1990s and allow for more new condo construction.
Posted on: 05/06/2019
Capital budget: Nearly $5 billion for schools, universities, cleanups and housing
The Legislature passed a $4.9-billion 2019-2021 capital budget shortly before adjournment of the Legislature. The total includes $3.2 billion from proceeds of state general-obligation bonds. This is a significant increase over the previous biennial capital budget, which totaled $4.4 billion.
Posted on: 04/30/2019
Operating budget: New taxes, big spending
A billion dollars in new taxes and an 18 percent increase in spending are highlights of the state biennial budget passed by the Legislature Sunday night, just 15 minutes before a midnight deadline to adjourn.
Posted on: 04/30/2019
Legislature passes Initiative 1000 regarding affirmative action
In a surprise and last-minute move, the Legislature passed Initiative 1000 which would once again allow affirmative action programs in the state.
Posted on: 04/30/2019
Expanded use of design-build and JOC approved by Legislature
A bill that allows greater use of design-build and job order contracting by public owners recently passed the Legislature.
Posted on: 04/23/2019
Pay data for Obama-Era EEO-1 report potentially due Sept. 30, 2019
Pending court approval, AGC calls for more time to comply
Posted on: 04/04/2019
Proposed state budget includes capital gains, B&O and REET tax increases
House Democrats unveiled a two-year state budget proposal that seeks $1.4B in new revenue, including a new 9.9% capital gains tax, a 20% (and up) B&O tax increase for many businesses, and an increase in the real estate excise tax (REET).
Posted on: 03/26/2019
Ill-conceived contractor-liability bill dies in Legislature
The number of anti-business bills introduced in Olympia this year has been unprecedented. But thanks to a worthy effort from AGC and its members, general contractors and subcontractors alike will not be as easy targets in years to come for double-payment liability on private projects.
Posted on: 03/26/2019
Action Alert: Oppose mandatory bid listing
New legislation (SB 5457) in Olympia would require a general contractor to list ALL subs at the time of bid.
Posted on: 03/11/2019
Washington Supreme Court expands contractor notice obligations
The Washington State Supreme Court dealt another blow to public works contractors in Washington State.
Posted on: 12/04/2018
AG’s Office agrees to consider legality of Education Special District 112’s Construction-Services Group
The Washington State Attorney General’s Office has agreed to look into the procurement practices of Educational Special District 112’s Construction Services Group, and to issue a non-binding opinion on whether it school districts that contract with the group must comply with Washington’s competitive procurement procedures in doing so.
Posted on: 09/11/2018
Attorney General’s Office agrees to consider legality of Education Special District 112’s Construction Services Group
The Washington State Attorney General’s Office has agreed to look into the procurement practices of Educational Special District 112’s Construction Services Group, and to issue a non-binding opinion on whether it school districts that contract with the group must comply with Washington’s competitive procurement procedures in doing so.
Posted on: 09/06/2018
"Persuader Rule" revision is rescinded
On Tuesday, July 17, 2018, the U.S. Department of Labor issued a final rule rescinding a proposed Obama-era change to the so-called “persuader” requirements of the Labor-Management Reporting and Disclosure Act.
Posted on: 07/24/2018
New Washington workplace laws now in effect
The Washington legislature closed out its 2017-2018 legislative session by passing several new employment-related bills that Governor Inslee signed into law....
Posted on: 07/02/2018
AGC signs-on to amicus brief aiming to protect insurer’s duty to defend
Last month, AGC of Washington, with other trade associations such as the National Utility Contractors Association, signed on to an amicus curiae (“friend of the Court”) brief to the Washington Supreme Court supporting a Petition for Review aimed at protecting the duty to defend in Washington.
Posted on: 05/22/2018
AGC protests Seattle’s head tax proposal
Telling the Seattle City Council and Mayor Jenny Durkan that hurting construction jobs is not the way to combat homelessness, AGC is strongly opposed to the city’s proposed $500 per employee “head tax” – a controversial measure that caused Amazon to pause its ongoing construction in Seattle.
Posted on: 05/08/2018
Capital Budget and “Hirst fix” pass Legislature
AGC applauds passage of the long-delayed 2017-2019 State Capital Budget as well as passage of the water-rights “Hirst fix.”
Posted on: 01/30/2018
Legislature passes $4B construction budget, water-rights bill
State lawmakers late Thursday approved a $4.3 billion construction budget and legislation to address a rural water-rights debate that had stalled the spending plan since the spring of 2017.
Posted on: 01/19/2018
Court of Appeals to review King County’s attempted end-around venue statute
In April, AGC’s Legal Affairs Committee supported a contractor-member’s efforts before the Washington Court of Appeals. The Legal Affairs Committee joined the contractor in asking the appellate court to consider the contractor’s request to have its lawsuit against King County decided in a Snohomish County court.
Posted on: 06/06/2017
General Construction case highlights Courts’ ongoing struggle with Mike M. Johnson
Another court in Washington was asked to apply the Mike M. Johnson decision to a contractor’s claim for extra work. This time it was the Division III Court of Appeals in Washington.
Posted on: 06/06/2017
Governor signs bill requiring generals to post retainage bond upon request of subs
Effective July 23, 2017, general contractors will be required to bond for a subcontractor’s portion of retainage, upon request of the subcontractor.
Posted on: 05/23/2017
AGC supports occupational disease case before State Supreme Court
AGC has thrown its support behind a State Supreme Court case that could be a very significant public polity case dealing with occupational disease causation that could ultimately impact workers’ comp rates.
Posted on: 05/08/2017
Counties race to the courthouse to subvert contractor-backed venue law
Any contractor that bids on public-works projects knows all too well that the terms of the awarded contract are nonnegotiable and that the contractor’s bargaining power is virtually nonexistent. In short, public-works contracts are offered on a take-it-or-leave-it basis.