PUBLIC WORKS AND IMPROVEMENTS—STATUTES—Applicability of Public Works Procurement and Prevailing Wage Laws

# Washington AG Opinion: Private-Funded Construction on Public Land May Qualify as "Public Work"

The Washington Attorney General issued an opinion March 9, 2026, addressing whether a privately-funded construction project on leased public land must comply with public works procurement and prevailing wage laws. Yakima County Prosecuting Attorney Joseph Brusic requested the determination regarding a proposed sprint boat racing facility at the Yakima County Fairgrounds.

The AG concluded the answer depends on specific circumstances. A construction project funded entirely by a private entity is likely subject to public works laws if the private entity receives substantial government funding. Courts also consider whether the project serves a public purpose, whether improvements revert to government ownership when the lease expires, and whether the project requires simultaneous use of public land or facilities. However, no court has determined these factors are conclusive.

The Yakima County Fairgrounds situation involves the Central Washington Fair Association, a nonprofit designated to operate the county fair. Under their lease agreement ending in 2033, all major improvements made by the nonprofit revert to county ownership upon lease termination. This arrangement suggests the project may qualify as a public work, though the AG emphasized a final determination requires detailed factual analysis.