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A Washington Surety Bond is a three-party agreement between a principal, an obligee and a surety bond company. The principal is the party who is responsible for the bond obligation. This is typically a Washington individual or company who needs a license, permit, or other guarantee running to the state. The party receiving the benefit of the bond is the Obligee. For many Washington surety bonds, this is the state of Washington or one of their departments. The Surety is a third-party bond company that is providing a financial guarantee of the principal's obligation on the bond. Should the principal default on their obligation, a party can make a claim against the bond.

Should a claim be made on a Washington surety bond, the Surety will investigate the claim. If they are required to pay the claim, they may seek reimbursement from the principal under the indemnity agreement. Washington surety bonds provide a lot of value by allowing a damaged party to collect from a Surety without having to go through what could be a costly procedure of collecting from the principal. As a principal, Washington surety bond claims should be avoided.
Below is a list of some of the important laws pertaining to surety bonds in the state of Washington.
Washington is a community property state. When one party to a marriage signs an indemnity agreement, it obligates the spouse to the indemnity as well.
Washington retainage is addressed under RCW 60.28.011. On public projects, contractors and owners may only hold 5% retainage on monies earned by the contractor. A contractor may put up a retainage bond for the release of retainage. Should a contractor put up a bond for retainage, they must also accept retainage bonds from subcontractors. The party receiving the retainage bond has 30 days to release payment once the bond is received.
Washington does not have express statutes on contingent payment clauses such as Pay-if-Paid and Pay-When-Paid. However, case law does suggest that Pay-When-Paid clauses will be treated as a timing issue and must eventually be paid.
The state of Washington allows for mechanic’s liens against property under RCW 60.04.161. The state also allows the property owner, developer or lender to bond around the lien by posting a release of lien bond. The bond shall be two times the claim amount if the lien is less than $10,000 and one and one half times the claim amount if the lien exceeds $10,000.
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