Washington § 79.15.140 - Valuable materials contract — Impracticable to perform/cancellation — Substitute valuable materials.

Full text of Washington Revised Code of Washington § 79.15.140 — Valuable materials contract — Impracticable to perform/cancellation — Substitute valuable materials., with citation guidance and answers to common questions.

§ 79.15.140. Valuable materials contract — Impracticable to perform/cancellation — Substitute valuable materials.

(1) In the event that the department determines that regulatory requirements or some other circumstance beyond the control of both the department and the purchaser has made a valuable materials contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could not be performed. In the event of such a cancellation, the purchaser shall not be liable for the purchase price of any portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department may substitute valuable materials from another site in exchange for any valuable materials which the department determines have become impracticable to remove under the original contract. Any substituted valuable materials must belong to the identical trust involved in the original contract, and the substitute materials shall be determined by the department to have an appraised value that is not greater than the valuable materials remaining under the original contract. The substitute valuable materials and site shall remain subject to all applicable permitting requirements and the state environmental policy act, chapter 43.21C RCW, for the activities proposed at that site. In any such substitution, the value of the materials substituted shall be fixed at the purchase price of the original contract regardless of subsequent market changes. Consent of the purchaser shall be required for any substitution under this section.
[ 2003 c 334 s 364; 2001 c 250 s 18. Formerly RCW 79.01.238.]

Notes

Intent—2003 c 334: See note following RCW 79.02.010.

Source: official Washington text · Last verified 2026-08-27

Related Washington Legal Topics

Frequently Asked Questions About Washington § 79.15.140

What does Revised Code of Washington § 79.15.140 cover?

Section 79.15.140 ("Valuable materials contract — Impracticable to perform/cancellation — Substitute valuable materials.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 79.15.140?

A common citation format is "Revised Code of Washington § 79.15.140" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 79.15.140 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.