LD 411
pg. 3
Page 2 of 6 An Act to Amend the Amount of Retainage on Public Building Contracts Page 4 of 6
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LR 1259
Item 1

 
property on which a public improvement project is or will be
constructed.

 
B.__"Public improvement project" means the construction,
major alteration or repair of buildings or public works
owned or leased or hereafter constructed, acquired or leased
by the State or any department, officer, board, commission
or agency of the State that is in excess of $1,000,000 in
value; or the construction, major alteration or repair of
school buildings that is in excess of $1,000,000 in value
and for which state school construction aid is paid.

 
2.__Bases of retention.__Payment under a contract or
subcontract under a public improvement project may not be
withheld except for nonperformance, for known defects or for
retainage as provided in this section.__Payment may not be
retained in anticipation of warranty defects for which there is
no evidence.__As used in this subsection, "nonperformance"
includes, but is not limited to, defects in workmanship or
materials, failure to perform all of the work specified or delay
by the general contractor or subcontractor that causes adverse
financial consequences.

 
3.__Line-item retainage.__Payment and retention of payment on
a public improvement project must be based on contract line
items.__Contract line items for each project must be identified
by the parties prior to the start of the project.__If payment is
retained under this subsection, the amount retained may not
exceed 5% of the payment for approved work on that line item.
Nothing in this subsection obligates an owner to make payment of
a contract line item in the case of nonperformance on that line
item.__When the owner determines that performance has been
completed or corrected for that line item, and has accepted the
work on the line item, the owner must authorize release of
retained payments at the next regular requisition meeting under
the contract and pay in accordance with subsection 7.

 
4. Retention of final 5% of line item payments.__At the end of
the performance period for each contract line item, the owner may
retain up to the last 5% of payments due to the general
contractor on that line item. The total of any payments retained
under this subsection and subsection 3 may not exceed 5% of the
value of the line item.__When work on the line item is accepted
as complete by the owner, the owner must pay in accordance with
subsection 7.

 
5.__Inspection; substantial completion and payment.__The
general contractor shall notify the owner in writing when the
project is substantially complete and the owner shall inspect the
project.__If the owner agrees it is ready for issuance of the


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