Washington § 39.04.380 Nonresident contractors.

Washington Statutes

§ 39.04.380 — Nonresident contractors.

Washington § 39.04.380

Title 39PUBLIC CONTRACTS AND INDEBTEDNESS

Ch. 39.04PUBLIC WORKS

This text of Washington § 39.04.380 (Nonresident contractors.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 39.04.380 (2026).

Text

(1)In any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

(2)A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

(a)Is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

(b)At the time of bidding on a public works project, does not have a physical office located in Washington.

(3)The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was for

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(1) In any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

(2) A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

(a) Is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

(b) At the time of bidding on a public works project, does not have a physical office located in Washington.

(3) The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed.

(4) This section does not apply to public works procured pursuant to RCW 39.04.280 , RCW 39.04.151 through 39.04.154 , or any other procurement exempt from competitive bidding.

Effective date — 2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010 .

Findings — Intent — 2023 c 395: See note following RCW 39.04.010 .

Conflict with federal requirements — 2011 c 345: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or local authority, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or local authority." [ 2011 c 345 s 2 .]