Revised Code of Washington

Wash. Rev. Code § 39.76.040 (2026)

✓ current as of May 2026

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In any action brought to collect interest due under this chapter, the prevailing party is entitled to an award of reasonable attorney fees.

[ 1981 c 68 s 4.]

Notes of Decisions

Cited in 4 cases, 2001–2020 · leading case: Elcon Constr., Inc. v. E. Washington Univ., 273 P.3d 965 (Wash. 2012).

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Elcon Constr., Inc. v. E. Washington Univ., 273 P.3d 965 (Wash. 2012). · cites it 2× “" Because Elcon does not prevail on its statutory interest claim, we deny its request.”

Basin Paving Co. v. Mike M. Johnson, Inc., 107 Wash. App. 61 (Wash. Ct. App. 2001). “RCW 39.76.040 and 39.04.240 both provide for an award of attorney fees to the prevailing party.”

Basin Paving Co. v. Mike M. Johnson, Inc., 27 P.3d 609 (Wash. Ct. App. 2001). “RCW 39.76.040 and 39.04.240 both provide for an award of attorney fees to the prevailing party.”

Scarsella Bros., Inc., App/cr-resp v. Flatiron Constructors Inc., Resp/cr-app (Wash. Ct. App. 2020). · cites it 8× “where both parties prevail on major issues, neither is 30 Flatiron argues the absence of a finding on the issue of retainage is a presumptive negative finding on that issue under Taplett v. Khela, 60 Wn.”

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