Is a contractor required to pay prevailing wage on a Washington state agency job if the agency did not declare the job a prevailing wage job?

Public agencies, in awarding a contract, must determine whether that contract involves "public work" and communicate that to the employers in the bid specifications and contracts. Employers are not responsible for making the legal determination of whether a contract does or does not meet the definition of a "public works" contract. The law does not allow public agencies to place this burden upon the employer. For example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable." Agencies should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the applicability of the statute.