Washington

For Washington, performance bond threshold is when the contract is for $150,000 or less, then at the option of the contractor or the general contractor/construction manager as defined in RCW 39.10.210, the public body may retain 10 percent of the contract price; payment bond threshold is Any contract for a public improvement by Washington State, or any county, municipality or other public body within Washington, requires a surety bond; bond amount is 100 percent of the contract amount; claim deadline is No special statutory provision for suit against payment bond is in the statute but it is subject to the general six-year statute of limitations for contract actions; preliminary notice required is shall, not later than 10 days after the date of the first delivery of such materials or supplies, deliver or mail a notice to the contractor, verified against its source on 2026-08-17.

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

WASHINGTON CONTRACTORS BOND ON PUBLIC PROJECTS Types of Projects: Any contract for a public improvement by Washington State, or any county, municipality or other public body within Washington, requires a surety bond in the amount of 100 percent of the contract amount except: (1) when the contract is for $150,000 or less, then at the option of the contractor or the general contractor/construction manager as defined in RCW 39.10.210, the public body may retain 10 percent of the contract price for a period of 30 days after the date of final acceptance, or until receipt of all necessary releases; or (2) when the contract is for $150,000 or less, an individual surety or sureties may be substituted for a surety company. (RCW 39.08.010, RCW 39.08.030(1)(a)). Additionally, cities, towns and water-sewer districts may by general ordinance fix and determine the amount of such bond and to whom such bond runs. (RCW 39.08.030(1)(a)). On contracts for construction, maintenance or repair of a marine vessel, the department of transportation, a public transportation benefit area, a passenger-only ferry service district, or any county may permit the substitution of one or more of the following alternate forms of security in lieu of all or part of the bond: (1) certified check; (2) replacement bond; (3) cashier’s check; (4) treasury bills; (5) an irrevocable bank letter of credit; and (6) assignment of a savings account, or other liquid assets specifically approved by the secretary of transportation or county engineer, a public transportation benefit area, or a passenger-only ferry service district, for their respective projects. (RCW 39.08.100). Labor and Material Covered: All laborers, mechanics, subcontractors and material suppliers and all persons who shall supply such person or persons with provisions or supplies for the carrying on, prosecution, or doing of any public work. (RCW 39.08.030(1)(a)). Notice Required by Suppliers: Every person, firm or corporation furnishing materials, supplies or provisions to someone other than the general contractor shall, not later than 10 days after the date of the first delivery of such materials or supplies, deliver or mail a notice to the contractor that is the recipient of the materials, supplies or provisions. (RCW 39.08.065). The notice should be sent via certified or registered mail, return receipt requested, or personally served. (RCW 39.08.065). It is recommended that this notice be sent to the claimant’s customer, the bonding company and the public body. Contents of Notice Required by Suppliers: The notice required by RCW 39.08.065 should state 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 or her bond will be held for the payment of the same. No suit or action may be maintained in any court against the contractor or his or her bond to recover for such material, supplies or provisions or any part thereof unless the lien claimant gave the notice required by RCW 39.08.065. Filing Claim: The lien claimant shall not have any right of action on the bond unless, within 30 days after acceptance of the project by the public body, the lien claimant files with such public entity a claim ( see sample below). (RCW 39.08.030). The notice should be sent via certified or registered mail, return receipt requested, or personally served on the public body. It is recommended that this notice also be sent to the lien claimant’s customer and the bonding company. The notice must give the claimant’s name, the amount of the claim, the bonding company and identify the project. This notice must be signed by the claimant or the claimant’s agent making the claim or giving the notice and, after being presented and filed, the notice becomes a public record. (RCW 39.08.030(1)(b)). Contents of Claim: 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) __ (RCW 39.08.030(1)(a)). Time for Suit: No special statutory provision for suit against payment bond is in the statute but it is subject to the general six-year statute of limitations for contract actions or the limitations to bring suit contained in the bond itself. However no attorneys’ fees will be allowed in any suit or action brought or instituted before the expiration of 30 days following the date of filing of the above notice. (RCW 39.08.030(1)(b)). Penalty for Failure to Take Bond: A public body, excluding the state, is liable to all persons authorized to sue on the bond to the full extent and for the full amount of all debts due them by the contractor. (RCW 39.08.015). Statutory Citation: Revised Code of Washington, Title 39, Chapter 39.08, §§39.08.010 to 39.08.100.

— fullertonlaw.com, retrieved 2026-08-17

Source

• fullertonlaw.comhttps://fullertonlaw.com/50-state-summary-payment-bond-law

Last verified against source: 2026-08-17. Due for re-check by 2027-08-17. This page as Markdown · OKF bundle · full dataset as JSON.