Wash. Rev. Code » Title 39 · Chapter 39.12

Wash. Rev. Code § 39.12.050

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(1) Any contractor or subcontractor who files a false statement or fails to file any statement or record required to be filed or fails to post a document required to be posted under this chapter and the rules adopted under this chapter, shall, after a determination to that effect has been issued by the director after hearing under chapter 34.05 RCW, forfeit as a civil penalty the sum of $500 for each false filing or failure to file or post, and shall not be permitted to bid, or have a bid considered, on any public works contract until the penalty has been paid in full to the director. The civil penalty under this subsection does not apply to a violation determined by the director to be an inadvertent filing or reporting error. The burden of proving, by a preponderance of the evidence, that an error is inadvertent rests with the contractor or subcontractor charged with the error. Civil penalties shall be deposited in the public works administration account.
To the extent that a contractor or subcontractor has not paid wages at the rate due pursuant to RCW 39.12.020, and a finding to that effect has been made as provided by this subsection, such unpaid wages constitute a lien against the bonds and retainage as provided in RCW 18.27.040, 18.106.410, 19.28.041, 39.08.010, and 60.28.011.
(2) If a contractor or subcontractor is found to have violated the provisions of subsection (1) of this section for a second time within a five year period, the contractor or subcontractor is subject to the sanctions prescribed in subsection (1) of this section and shall not be allowed to bid on any public works contract for one year. The one year period runs from the date of notice by the director of the determination of noncompliance. When an appeal is taken from the director's determination, the one year period commences from the date the notice of violation becomes final.
The director shall issue his or her findings that a contractor or subcontractor has violated the provisions of this subsection after a hearing held subject to the provisions of chapter 34.05 RCW, unless a notice of violation is not timely appealed. A notice of violation not timely appealed is final and binding, and not subject to further appeal.
[ 2023 c 88 s 3; 2019 c 242 s 3; 2009 c 219 s 3; 2001 c 219 s 1; 1985 c 15 s 3; 1977 ex.s. c 71 s 1; 1973 c 120 s 1; 1945 c 63 s 5; Rem. Supp. 1945 s 10322-24.]

Notes:

Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.
Severability—1985 c 15: See note following RCW 39.12.065.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1997–2026 · leading case: Ironworkers District Council v. Woodland Park Zoo Planning & Development
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Ironworkers District Council v. Woodland Park Zoo Planning & Development (1997) washctapp “The Council later amended the lien notice, omitting all references to the trust funds and adding a reference to RCW 39.12.050, the prevailing wage statute.”
Penhall Company v. Dep't of Labor & Industries (2026) washctapp · cites it 16× “A failure to keep accurate payroll records or supply them to L&I constitutes a violation of the PWA under RCW 39.12.050. WAC 296-127-320(3).2 RCW 39.”
SUPPORTERS OF CENTER, INC. v. Moore (2003) washctapp “065; RCW 39.12.050. In April 1999, Leone & Keeble, SOC, and L & I agreed that any alleged difference in pay owed to the workers would be placed in an account pending a final determination of the matter.”
— Wash. Rev. Code § 39.12.050(1) — 1 case
Penhall Company v. Dep't of Labor & Industries (2026) washctapp “A failure to keep accurate payroll records or supply them to L&I constitutes a violation of the PWA under RCW 39.12.050. WAC 296-127-320(3).2 RCW 39.”
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