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To file suit against a contractor, file a Summons & Complaint
Before filing a lawsuit, ask yourself:
- Have you provided the contractor with a written list of your complaints
and needs, including a deadline for them to respond to you?
- Have you considered free or low-cost mediation?
If necessary, you can file suit — with or without an attorney — by doing the following:
- Obtain a Summons
& Complaint form.
L&I does not supply these
forms. They may be found on some, but not all, court Web sites, clerks’
offices, or for purchase in office supply or stationery stores. Call
ahead to make sure they are available. The forms can be hard to find.
Also, if you get your forms from an office supply store, call the Superior
Court to make sure the store's form covers the requirements of your suit.
- Complete the form
as directed.
You can include any legal fees, court costs or
interest in the summons and complaint.
To collect from the contractor’s bond,
you need to name the bond company as a defendant, and include the contractor’s
bond number on the form. Be sure to include: the contractor’s business
name, all owners, the business address and contractor registration number.
If an assignment of savings is on file instead of a bond, you need to list the bank name and account number in your complaint.
Get all the necessary information on the contractor, their bond and bond company, at Look Up a Contractor.
- File your form with the Superior Court in the county where the work was done.
The court will charge a filing fee of approximately $150.00-$200.00 and will stamp the form with a cause number.
- Have your summons and complaint served — a legal must.
A. To serve the contractor's bond: You must send to L&I three copies of your Summons & Complaint form. Include a $50 check made out to the Department of Labor & Industries—the processing fee. Send by certified or registered mail to:
Department
of Labor & Industries
Contractor Registration
PO Box 44450
Olympia, WA 98504-4450.
B. L&I will serve the contractor and the bond company with the
lawsuit.
C. L&I will send copies of the transmittal letters back to
you as proof of the contractor having been served. The suit is only
for the amount available in the surety bond.
D. Keep a copy of the Summons & Complaint for your records.
E. When your case concludes, if you win, you must send a copy of the Judgment and Order
to Labor & Industries within 10 days of the judgment or settlement. If the contractor wins, they are responsible for sending us a copy of the settlement or judgment within 10 days.
Once these steps are complete, L&I will no longer be involved with
the case, other than as a record keeper.
To file a suit against a contractor (139 KB PDF)
