July 21, 2010 - Effective July 13, 2010, public housing authorities in Washington are subject to state alternative public works statutes for non-federal projects. New revisions to RCW 39.10 provide that "All housing authorities shall be subject to the provisions of Chapter 39.10 RCW except where alternative requirements or procedures of federal law or federal regulation are authorized." RCW 39.10 governs how municipalities undertake Design/Build, GC/CM, and job order construction contracting. For housing authorities, the most significant change in the new law is the requirement to apply for and obtain advance approval from the state's Capital Projects Advisory Review Board (CPARB) before proceeding with a Design/Build or GC/CM project that is not federally funded.

The new statutes also provide that "The requirements of chapter 39.12 RCW regarding prevailing wages shall apply to housing authority public works except where specifically preempted by federal law or federal regulation." Housing authorities must therefore carefully analyze the legal status of their projects to determine whether state or federal labor agencies have jurisdiction, particularly for projects that are financed by a mix of funding sources.

Alternative Public Works regulations and CPARB strategies will be covered during Foster Pepper's free public works seminar on Monday, July 26, 2010. You may attend the seminar in person or watch via live web cast from your computer. To register for the program, click HERE.

For more information on the new laws and alternative public works contracting, contact Greg Guedel (206.447.8931).