LD 529
pg. 2
Page 1 of 4 An Act Regarding Retainage on Major State and School Construction Projects ... Page 3 of 4
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LR 26
Item 1

 
2.__Bases of retention.__Payment under a contract or subcontract
for 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.

 
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.__An
owner under this subsection is not obligated to make payment on 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.__Value of line item.__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 that the project is ready for
issuance of the 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 the 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 must be made in accordance with
subsection 7.

 
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 accordance with subsection 5


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