Kristal M. Cowger
Yes. Because the definition of contractor is so broad in Washington, there are quite a few statutory exceptions to the registration requirement. The exceptions include:
(1) representatives of federal, state or local government entities;
(2) officers of a court;
(3) public utilities;
(4) contractor activities incidental to discovering or producing gas or petroleum;
(5) the sale of finished products that do not become fixtures (as that term is defined under common law);
(6) owners working on personal property (such as a mobile home);
(7) contractors working within the boundaries of an area under the jurisdiction of the federal government;
(8) a person or entity supplying materials, supplies, or equipment to a project who did not fabricate them into the project themselves;
(9) projects of a minor, casual, or inconsequential nature so long as the total price of labor, materials, and all other items does not exceed $500, and so long as such person does not advertise or indicate to the public he, she, or it is a contractor;
(10) construction projects incidental to irrigation and drainage, farming, or fire prevention;
(11) an owner of land who hires a general contractor, unless the owner is hiring the contractor for the purpose of leasing or selling the property (see the following question);
(12) a person working on his or her own property or personal residence, unless that person is intending to sell, demolish, or lease the property (see the following question);
(13) an owner maintaining or repairing their own property who uses his or her own employees for such purpose;
(14) a licensed architect, engineer, electrician, or plumber who is otherwise licensed or certified under the laws of the state of Washington and is acting solely in their professional capacity;
(15) an employee of a registered contractor;
(16) contractors working on highway projects that have been prequalified with the state Department of Transportation;
(17) mobile/manufactured home dealers or manufacturers who subcontract the installation, set-up or repair of mobile/manufactured homes;
(18) individuals or entities holding a valid electrical contractor’s license that employ a certified electrician or journeyman to perform plumbing work incidental to replacement of household appliances. Many judicial decisions further refine/explain these exceptions.
Kristal M. Cowger, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.
