LD 411
pg. 6
Page 5 of 6 An Act to Amend the Amount of Retainage on Public Building Contracts LD 411 Title Page
Download Bill Text
LR 1259
Item 1

 
SUMMARY

 
This bill applies to state construction projects over
$1,000,000 in value and to school construction projects over
$1,000,000 in value and for which state aid is received. The
bill limits the retention of contract payments on those public
improvement construction projects to line items in the project
contract and to situations in which unsatisfactory progress has
been made by a contractor or subcontractor. In those cases, up
to 5% of the payment due under the project contract may be
withheld until all contract requirements for the line item have
been completed. Following completion of a line item, any
retained payments must be paid promptly. At the end of a
project, the value of punch list and incomplete items may be
retained as well as withholding to cover good faith claims of the
owner, including claims for unsatisfactory progress on the
project. Over the course of the project, the owner makes the
determination of how much of the payment due will be retained up
to the 5% limit and as to whether satisfactory progress has been
made on the project.


Page 5 of 6 Top of Page LD 411 Title Page