Surety Law Update Spring 2018
In early 2018, Senate Bill 6428 and its counterpart, House Bill 2852, were introduced for consideration amending RCW 39.04.240, which provides for the awarding of attorney fees for an action arising out of a public works’ project. The introduction of both SB 6428 and HB 2852 is an apparent response to the Washington State Supreme Court’s holding in King Cty. v. Vinci Constr. Grands Projets/Parsons RCI/Frontier-Kemper, JV, 188 Wn.2d 618, 398 P.3d 1093 (2017), that attorney fees and costs were recoverable against the surety notwithstanding the claimant’s failure to comply with the provisions of RCW 39.04.240.