New Laws Require Changes in Contracts

A number of new laws passed by the Legislature this last session will require that public agencies modify their bidding and contract documents.

For example, SHB 2010 on bidder responsibility has mandatory requirements for what constitutes a responsible bidder (this will also change each agency's practice on determining the responsible bidder) and on subcontractor responsibility (requiring language in every public works contract).

The other area, of course, relates to alternative public works. All existing GC/CM documents will need revision including the contract with the GC/CM, the architect/engineer, etc. There are specific reporting requirements for the contractor, architect/engineer, and public agency for these contracts and these requirements should be made into contractual terms.