Housing Authorities Subject to Law on Alternative Public Works Contracting

The Attorney General's Office for the State of Washington has issued an opinion that housing authorities are a "public body" under chapter 39.10 RCW and therefore subject to all of the requirements related to alternative public works contracting procedures (design-build, general contractor/construction manager, and job order contracting).

Housing authorities in the State of Washington have long argued that they are not subject to various state laws "unless the legislature shall specifically so state." (RCW 35.82.070). However, this provision only applies to other laws "with respect to the acquisition, operation or disposition of property."

Attorney General Opinion 2009 No. 2, issued on April 24, 2009, stated that chapter 39.10 RCW (alternative public works) is "not a statute relating to the acquisition, operation, or disposition of property, and therefore, RCW 35.82.070(10) does not exempt public housing from the provisions of RCW 39.10."

Over a number of years, housing authorities have contracted with general contractors/construction managers (GC/CMs) without following the specific requirements of chapter 39.10 RCW. This Attorney General Opinion will likely require housing authorities to change their practices, including obtaining the approval of the Project Review Committee prior to utilizing GC/CM for a project.