Wash. Rev. Code » Title 39 · Chapter 39.04
Revised Code of Washington

Wash. Rev. Code § 39.04.010 (2026)

Definitions

✓ current as of May 2026
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized local government" means a political subdivision of the state, school district, or special purpose district with public works authority.
(2) "Award" means the formal decision by the state or municipality notifying a responsible bidder with the lowest responsive bid of the state's or municipality's acceptance of the bid and intent to enter into a contract with the bidder.
(3) "Contract" means a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW 39.04.151 through 39.04.154.
(4) "Municipality" means every city, county, town, port district, district, or other public agency authorized by law to require the execution of public work, except drainage districts, diking districts, diking and drainage improvement districts, drainage improvement districts, diking improvement districts, consolidated diking and drainage improvement districts, consolidated drainage improvement districts, consolidated diking improvement districts, irrigation districts, or other districts authorized by law for the reclamation or development of waste or undeveloped lands.
(5) "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. All public works, including maintenance when performed by contract shall comply with chapter 39.12 RCW. "Public work" does not include work, construction, alteration, repair, or improvement performed under contracts entered into under RCW 36.102.060(4) or under development agreements entered into under RCW 36.102.060(7) or leases entered into under RCW 36.102.060(8).
(6) "Responsible bidder" means a contractor who meets the criteria in RCW 39.04.350.
(7) "Small business" means a business meeting certification criteria for size, ownership, control, and personal net worth adopted by the office of minority and women's business enterprises in accordance with RCW 39.19.030.
(8) "State" means the state of Washington and all departments, supervisors, commissioners, and agencies of the state.
(9) "State agency" means the department of enterprise services, the state parks and recreation commission, the department of natural resources, the department of fish and wildlife, the department of transportation, any institution of higher education as defined under RCW 28B.10.016, and any other state agency delegated authority by the department of enterprise services to engage in construction, building, renovation, remodeling, alteration, improvement, or repair activities.
[ 2023 c 395 s 2; 2008 c 130 s 16; 2007 c 133 s 1; 2000 c 138 s 102; 1997 c 220 s 402 (Referendum Bill No. 48, approved June 17, 1997); 1993 c 174 s 1; 1989 c 363 s 5; 1986 c 282 s 1; 1982 c 98 s 1; 1977 ex.s. c 177 s 1; 1923 c 183 s 1; RRS s 10322-1.]

Notes:

Findings—Intent—2023 c 395: "The legislature finds the need to increase equity and efficiencies in public works procurement. The legislature further finds that small, minority, women, and veteran-owned businesses are essential to a robust and high-functioning economy, which provides high quality living wage jobs throughout the state. The legislature further finds that public works contracting agencies need a streamlined and effective method for delivering small public works projects while protecting worker rights. Therefore, the legislature intends to provide a small business definition, best practices to be included in inclusion plans, and to update and revise the small and limited works roster process to increase administrative efficiency, to encourage greater participation and utilization by small, minority, women, and veteran-owned businesses, and continue to protect the rights of workers engaging in public works projects." [ 2023 c 395 s 1.]
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: "Sections 1 through 30, 32 through 34, 36, and 37 of this act take effect July 1, 2024." [ 2023 c 395 s 39.]
Purpose—2000 c 138: "The purpose of this act is to establish a common small works roster procedure that state agencies and local governments may use to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property." [ 2000 c 138 s 1.]
Part headings not law—2000 c 138: "Part headings used in this act are not any part of the law." [ 2000 c 138 s 302.]
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1976–2024 · leading case: City of Spokane v. Dep't of Labor & Indus., 998 P.2d 913 (Wash. Ct. App. 2000).
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City of Spokane v. Dep't of Labor & Indus., 998 P.2d 913 (Wash. Ct. App. 2000). · cites it 12× “” IV The work performed during the [AMS] is “performed by *810 contract” under RCW 39.04.010, and is therefore not exempt from prevailing wage under RCW 39.”
Supporters of the Ctr., Inc. v. Moore, 80 P.3d 618 (Wash. Ct. App. 2003). · cites it 8× “In this case we are asked to decide whether the Bank of America Performing Arts Center (Center) in Wenatchee, Washington, is a public work and required to pay its workers a statutory prevailing wage under RCW 39.04.010 and RCW 39.12.020. We hold that it is and reverse.”
Associated Gen. Contractors of Washington v. KING CTY., 881 P.2d 996 (Wash. 1994). · cites it 4× “Analysis RCW 39.04.010 and RCW 36.32.120(1) lie at the core of this controversy.”
Drake v. Molvik & Olsen Elec., Inc., 726 P.2d 1238 (Wash. 1986). · cites it 6× “RCW 39.04.010, dealing with public works, is so inclusive as to include every governmental body.”
Nat'l Elec. Contractors Ass'n v. Riveland, 5 Wage & Hour Cas.2d (BNA) 1322 (Wash. 1999). “17 applies to every “employer”; RCW 39.04.010 defines “public works” as including all work done at cost to the state; RCW 39.”
Haselwood v. Bremerton Ice Arena, Inc., 155 P.3d 952 (Wash. Ct. App. 2007). “Its claims against the City are groundless because the ice arena was privately funded, not a public work under RCW 39.04.010 subject to bond and retainage requirements; further, RV Associates cannot recover as a third party beneficiary to the concession agreement because that…”
Painting & Decorating Contractors of Am., Inc. v. Ellensburg Sch. Dist., 638 P.2d 1220 (Wash. 1982). “See RCW 39.04.010. The theory has two flaws. First, Title 39 is inapplicable.”
Shaw Disposal, Inc. v. City of Auburn, 546 P.2d 1236 (Wash. Ct. App. 1976). “The term “public work,” which Shaw Disposal believes covers garbage disposal, is defined in RCW 39.04.010 to include “all work, construction, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, .”
Skyline Contractors, Inc. v. Spokane Hous. Auth., 289 P.3d 690 (Wash. Ct. App. 2012). “I ¶24 The housing authority is a “public body corporate and politic, exercising public and essential governmental functions,” and a “governmental body” as broadly defined within Title 39 RCW, dealing with public works.”
Supporters of Ctr., Inc. v. Moore, 80 P.3d 618 (Wash. Ct. App. 2003). · cites it 8× “In this case we are asked to decide whether the Bank of America Performing Arts Center (Center) in Wenatchee, Washington, is a public work and required to pay its workers a statutory prevailing wage under RCW 39.04.010 and RCW 39.12.020. We hold that it is and reverse.”
Nat'l Elec. Contractors v. Riveland, 978 P.2d 481 (Wash. 1999). “17 applies to every "employer"; RCW 39.04.010 defines "public works" as including all work done at cost to the state; RCW 39.”
City v. State, Dept. of Labor & Indus., 998 P.2d 913 (Wash. Ct. App. 2000). · cites it 13× “The work performed during the [AMS] is "performed by contract" under RCW 39.04.010, and is therefore not exempt from prevailing wage under RCW 39.”
Show all 18 citing cases →
— Wash. Rev. Code § 39.04.010(1) — 1 case
Aids Healthcare Found. v. Dep't Of Health (Wash. Ct. App. 2021).
— Wash. Rev. Code § 39.04.010(2) — 2 cases
State Constr. Inc v. Hartford Fire Ins. Co. (Wash. Ct. App. 2020).
Glacier Nw., Inc., V. Wa State Dept. Of Labor & Indus. (Wash. Ct. App. 2024).
— Wash. Rev. Code § 39.04.010(4) — 1 case
State Constr. Inc v. Hartford Fire Ins. Co. (Wash. Ct. App. 2020).
— Wash. Rev. Code § 39.04.010(5) — 1 case
Glacier Nw., Inc., V. Wa State Dept. Of Labor & Indus. (Wash. Ct. App. 2024).
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