§10.1 Introduction

• Jurisdiction: Washington

§10.1 INTRODUCTION

"The flow of money is the life blood of any construction project." 3 Philip L. Bruner & Patrick J. O'Connor, Bruner and O'Connor on Construction Law §8:1 (2002 & Supp. 2017) (hereinafter Bruner and O'Connor). For the contractor, getting paid in a timely manner for the completion of its work is of paramount importance. The owner does not want to pay until it is satisfied with the contractor's work and knows that all of the contractor's workers, subcontractors, and suppliers have been paid. As a consequence, the construction contract contains, or should contain, detailed provisions dealing with this subject. In addition, all states have enacted statutes with payment procedures to protect both the contractor and the owner.

(1) Private versus public contracts

Private contracts are those negotiated or solicited by a private owner with a construction contractor. The parties are free to insert into the

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contract any provisions they agree upon mutually. Oftentimes, the parties will use standard form contracts published by an established organization such as...