Are There Any Exceptions to the Requirement to Be Registered?

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.

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