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WAC 296-127-200

Surety bond payable to director.

(1) RCW 39.12.065 (2)(c) authorizes the director to require a contractor to obtain a surety bond "running to the director in the amount of the violation found." The intent and wording indicates that the director may require such a bond only after issuing a final decision finding that the contractor has violated RCW 39.12.065.
(2) The director may demand that a violating contractor post the bond when:
(a) The director has issued a final decision that finds that the contractor owes unpaid prevailing wages or a penalty, whether or not the decision has been appealed to the courts; and
(b) The retainage or bonds provided under RCW 60.28.011, 18.27.040, and 19.28.041 are or may be insufficient to pay the amount of prevailing wages or the penalty owed.
(3) A contractor may at any time voluntarily obtain a bond running to the director to guarantee the payment of the prevailing wages and any penalty. The contractor may allow the director to satisfy any claim for unpaid wages or the penalty from this bond instead of from the retainage or bonds obtained under RCW 60.28.011, 18.27.040, 19.28.041, and 39.08.010.
[Statutory Authority: Chapter 39.12 RCW. WSR 19-15-119, § 296-127-200, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR 86-03-063 (Order 85-28), § 296-127-200, filed 1/17/86.]
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