With the help of efforts by the ASA, Washington State took an important step toward improving cash flow and financial flexibility for subcontractors through recent updates to retainage bond laws. Contractors now have greater ability to utilize retainage bonds as an alternative to traditional retainage withholding, helping reduce capital constraints on active projects. To help our members understand these changes and how to apply them in real-world scenarios, ASA-WA developed a comprehensive white paper outlining the legal framework, practical considerations, and strategic advantages of retainage bonds. We encourage members to review this resource to ensure they are fully leveraging the tools available under current law.

Here is a link to the guide. 

Make sure your rights and your employee’s rights are protected if the Department of Homeland Security makes a visit to a jobsite. ASA has prepared a checklist of steps for you to follow in the event ICE makes their presence known. 

Here is a link to the checklist. 

The U.S. Department of Transportation issued significant revisions to its Disadvantaged Business Enterprise (DBE) Program, effective October 3, 2025, that remove automatic race- and gender-based presumptions of disadvantage and now require individualized proof of social and economic disadvantage. These changes will affect all entities relying on USDOT guidance or Unified Certification Program (UCP) directories, including many state DOTs, airports, transit agencies, and local governments, as well as the contractors who work with them. The update triggers a recertification process for all DBE firms and temporarily suspends DBE contract goals while agencies reassess their directories. The summary below outlines the key changes, impacts, and steps small businesses should take to prepare.

Click here for the full summary issued by the ASA.

ASA of Washington created a White Paper on the Change Order Law that once pertained only to public projects. The law changed in 2024 and is still being interpreted in the courts.

This white paper was edited by Saki Yamada with Ahlers, Cressman and Sleight LLC and distributed during an ASA-WA Lunch & Learn on Sept. 9, 2025.

Click here for the PDF.

Click here for the Request for Change Order and Notice of Completion of Work Template.