| 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. |