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.__A payment required under this section must be made and a penalty for nonpayment or late payment of a required payment under this section must be imposed in accordance with Title 10, chapter 201-A.

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:

§1747. Questionnaire as prebid qualification

The public official may require, from a firm proposing to bid on public work duly advertised, a standard qualification statement and a letter from a licensed bonding company confirming that the firm has the financial capacity to perform the work before furnishing that person firm with plans and specifications for the proposed public work advertised.

The Director of General Services, after consultation with the appropriate department head or superintendent of schools, may refuse to release plans and specifications to a general contractor or subcontractor for the purpose of bidding on a project:

1. Untimely completion. If, in the opinion of the director, there is evidence the general contractor or subcontractor has not completed in a timely manner a prior construction project or projects and the resulting noncompletion clearly reflects disregard for the completion date and has created a hardship for the owner;

2. Incomplete work. If, in the opinion of the director, there is evidence the general contractor or subcontractor has a history of inability to complete similar work;