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