7.40.085 - Injunction bonds for injunctions affecting public construction contracts. - Washington Statutes

Injunction bonds for injunctions affecting public construction contracts.

In determining the amount of the bond required by RCW 7.40.080 as now or hereafter amended, with respect to an injunction or restraining order that will delay or enjoin a notice to proceed or the performance of work under a construction contract for a public contracting body among the factors regarded in the exercise of its discretion, the court shall consider:

     (1) All costs and liquidated damages provided for in the contract or otherwise that may result from such delay;

     (2) The probable costs to the public in terms of inconvenience, delayed use of the proposed facilities, and escalation of costs of delayed construction of the proposed facilities that may be incurred as a result of a delay subsequently found to be without good cause; and

     (3) The procedures for consideration of objections to proposed construction and the opportunity the one seeking the injunction had for objecting prior to the letting of the contract.

[1974 ex.s. c 153 § 1.]