Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 27 > Mar 14 1975

A community college, pursuant to contract, may legally pay its academic employees their salaries in twelve equal installments commencing in September and concluding in August of the succeeding year where the employee in question is assigned to teach fall, winter and spring quarters; or fall, winter and summer quarters; or fall, spring and summer quarters, but not winter, spring and summer quarters.

AGLO 1980 NO. 28 > Oct 7 1980

The Washington Transportation Commission did not violate any contractual rights of persons who previously purchased undated ferry system commuter ticket books when, by Resolution No. 72, it provided that commutation ticket books shall be valid only for ninety days from the date of purchase.

AGO 1971 NO. 29 > Sep 16 1971

(1) When a board of county commissioners enters into a contract for the construction or improvement of county roads under chapter 36.77 RCW, the board is required to comply with the bidding requirements of RCW 36.77.020 through 36.77.040 even though the estimated cost of the project does not exceed $25,000.(2) A board of county commissioners may direct the performance of road construction or improvements by "day labor," rather than pursuant to contract, if the estimated cost of such project does not exceed $25,000.         (3) Where a board of county commissioners hires one or more pieces of equipment and their operators, individually, to perform road construction or improvements in connection with a project having an estimated cost of less than $25,000, it may do so without complying with the bidding requirements of RCW 36.77.020 through 36.77.040 only if the operators so hired acquire the status of county employees rather than serving as independent contractors.

AGLO 1974 NO. 34 > Mar 18 1974

Where a subcontractor's claim to a materialmen's lien is dependent upon his ability to show that the general contractor who employed him was acting as the agent for the owner of the property against which the lien is claimed, the subcontractor must be able to establish that the general contractor was registered under chapter 18.27 RCW, if applicable.

AGLO 1977 NO. 50 > Nov 10 1977

(1) The requirements of RCW 19.98.010 apply both to dealers who have discontinued their relationship with suppliers of farm implements, machinery and parts and to routine part returns by active dealers. (2) The terms of an annual part return adjustment agreement between a supplier and retailer need not be identical to those set forth in RCW 19.98.010. (3) Although the right to return parts pursuant to an annual part return adjustment agreement is dependent upon the terms of that agreement, a retailer of farm implements, machinery and parts who has been granted such a contractual right by a supplier will then be entitled to elect between his contractual remedies and the remedies set forth in RCW 19.98.010.

AGLO 1974 NO. 50 > Apr 17 1974

(1) To the extent that a prearrangement contract calls for the furnishing of services and/or the delivery of merchandise, the contract must be fully performed by the cemetery authority with which it was made, in accordance with its terms, before any withdrawals of moneys from the prearrangement trust fund provided for in RCW 68.46.030 can be made. (2) When an endowment care cemetery accepts a reservation for a burial plot with no requirement on the part of the beneficiary to make any payments until actual interment, and where the beneficiary is not obligated to utilize the reservation, the cemetery authority is not required to make any payments into its endowment care fund under RCW 68.40.010.

AGO 1953 NO. 51 > May 20 1953

1. County Commissioners cannot contract with unlicensed architect to draw plans for county office building. 2. County Commissioners need not require bids for contract with architect to plan county building.

AGLO 1976 NO. 55 > Sep 10 1976

It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.

AGLO 1973 NO. 58 > May 31 1973

A board of trustees of Yakima Valley College, a community college operating under chapter 28B.50 RCW, has the legal right thereunder to operate certain adult education programs in the Grandview area following expiration of an existing contract with the Grandview district on June 30, 1973.

AGLO 1974 NO. 59 > May 27 1974

(1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.

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