Did Washington agencies have to use the architect-and-engineer selection process to hire land surveyors?
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This page answers the general question as of 1988. Ask about yours and see what current Washington law means for your facts, with citations you can check.
Plain-English summary
In 1988, a legislator asked whether Washington's procurement process for architectural and engineering services also applied when a public agency hired a land surveyor. The Attorney General said yes. The statutory definition reached professional activities covered by the chapter defining engineering and land surveying practice, so surveying fell within the procurement law.
The opinion was narrow. It decided which process governmental agencies had to follow for professional surveying services and did not set out the steps of that process or decide the outcome of a particular contract award.
“Thus, governmental agencies must follow the process mandated by RCW 39.80 [chapter 39.80 RCW] when procuring professional land surveying services.” (Official opinion)
Currency note
This opinion was issued in 1988. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Q: Were land surveyors covered by the architect-and-engineer services procurement law?
A: The AG said yes. Land surveying was included by reference through the law defining professional engineering and surveying practice.
Q: Did the opinion apply to a government agency hiring an outside surveyor?
A: Yes. The procurement definition addressed professional services supplied by someone contracting with the agency, rather than serving as its employee.
Background and statutory framework
RCW 39.80.020(5) defined covered services by reference to chapters on architecture, engineering and land surveying, and landscape architecture. The AG noted that land surveying appeared in the referenced professional-practice chapter, making the chapter 39.80 selection process applicable.
Citations and references
RCW 39.80.020(5).
Source
Original opinion text
Attorney General Ken Eikenberry
ARCHITECTS AND ENGINEERS ‑- LAND SURVEYORS ‑- STATE CONTRACTS ‑- MUNICIPAL CORPORATION CONTRACTS
The procedures outlined in ch. 39.80 RCW convey contracts with land surveyors.
June 24, 1988
Honorable Busse Nutley
State Representative
49th District
409 W. 37th St.
Vancouver, WA 98660
Cite as: AGO 1988 No. 14
Dear Representative Nutley:
By letter previously acknowledged you requested our opinion of whether the reasoning of AGO 1988 No. 4 applies to land surveyors to the same extent it applies to architects and professional engineers. We paraphrase your question as follows:
Do land surveyors provide "architectural and engineering services" as that term is defined in RCW 39.80 [chapter 39.80 RCW]?
We answer your question in the affirmative.
ANALYSIS
RCW 39.80 [chapter 39.80 RCW] provides the process by which governmental agencies procure architectural and engineering services. See AGO 1988 No. 4. RCW 39.80.020(5) defines "architectural and engineering services" as
professional services rendered by any persons, other than as an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or 18.96 RCW.
RCW 18.08 [chapter 18.08 RCW] defines the professional practice of architecture. RCW 18.43 [chapter 18.43 RCW] defines the professional practice of engineering and land surveying. RCW 18.96 [chapter 18.96 RCW] defines the professional practice of landscape architecture. Land surveying, therefore, is included [[Orig. Op. Page 2] ] by reference in the definition of "architectural and engineering services". It is an activity within the scope of the definition of professional practice in RCW 18.43 [chapter 18.43 RCW]. Thus, governmental agencies must follow the process mandated by RCW 39.80 [chapter 39.80 RCW] when procuring professional land surveying services.
We trust the foregoing is of assistance to you.
Very truly yours,
KENNETH O. EIKENBERRY
Attorney General
NANCY THYGESEN DAY
Assistant Attorney General
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