LD 411
pg. 4
Page 3 of 6 An Act to Amend the Amount of Retainage on Public Building Contracts Page 5 of 6
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LR 1259
Item 1

 
substantial completion certificate, the owner shall establish
jointly with the general contractor a punch list and a list of
incomplete work remaining on the project and the parties shall
jointly assign dollar values to the items on those lists as
follows: for punch list items, 150% of the value; and for
incomplete items, 100% of the value. Assignment of punch list and
incomplete list values must occur not later than the next regularly
scheduled inspection under the contract or as otherwise required by
law.__At this time, a substantial completion certificate must be
issued with the punch list, the list of incomplete work and
assigned item values attached.__All retained payments except those
for punch list or incomplete items or good faith claims as provided
in Title 10, section 1118 must be authorized for payment as part of
the current requisition and payment made in accordance with
subsection 7.__As used in this section, "punch list" means a list,
made near the completion of work, indicating minor items to be
corrected or work to be performed by the general contractor or
subcontractor in order to complete the work as specified in the
contract documents.

 
6.__Payment of final retainage.__The general contractor shall
ensure that any punch list items and any incomplete items
identified on the list provided in subsection 5 are corrected or
completed within a period of time mutually agreeable to the owner
and the general contractor.__When one or more line items on the
list are corrected or completed, the general contractor may
notify the owner, who shall inspect the work.__If the owner
determines that the work has been corrected or completed
satisfactorily, the owner shall pay the general contractor in
accordance with subsection 7.

 
7.__Inspections; prompt payment; penalties.__Any inspection
required by this section must take place not later than the next
regularly scheduled inspection under the contract or as otherwise
required by law.__Any payment required under this section must be
made and any penalty for nonpayment or late payment of a required
payment under this section must be imposed in accordance with
Title 10, chapter 201-A.__Any penalty imposed on an owner under
this section may not be paid with state funds or with funds that
are reimbursable by the State.

 
8.__Subcontractors.__The owner shall include in uniform
construction documents for public improvement projects provisions
establishing the same relationship between general contractors
and their subcontractors as this section establishes between the
owner and the general contractor with regard to payments and
retention of payments due under the contract for the project.

 
Sec. 3. 5 MRSA §1747, as amended by PL 1997, c. 295, §1, is further
amended to read:


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