LD 110
pg. 2
Page 1 of 3 An Act to Clarify Rights of Retainage in Public Construction Contracts Page 3 of 3
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LR 844
Item 1

 
4.__Contractor's remedy.__An owner that retains for more
than 30 days funds in excess of those properly calculated from
the punch list or an owner that retains contract funds more
than 30 days beyond final completion is liable to the
contractor for interest on overdue amounts at the rate of 1.5%
per month and for reasonable attorney's fees for collection of
overdue funds.

 
5.__Secured releases.__Under a contract made for a public
improvement, the contractor may withdraw retained funds upon
depositing with the Treasurer of State or the public owner
negotiable public securities or certificates of deposit
greater in value than the amount withdrawn.

 
6.__Authority of Treasurer of State or owner.__The Treasurer
of State or public owner shall pay over to the contractor all
net income from the escrowed securities as it is received.__
The Treasurer of State or owner may contract with a suitable
financial institution for custodial care and servicing of any
securities deposited pursuant to this section.

 
7.__Deductions.__Any amount deducted by the public owner
pursuant to the terms of the contract from the retained
payments due the contractor must be deducted first from that
portion of the retained payments for which no security has
been substituted, then from the proceeds of any deposited
security.__In the case of a deduction from the proceeds of a
deposited security, the contractor is entitled to receive
interest, coupons or income only from those securities that
remain after such amount has been deducted.

 
8.__Assignments.__Any assignments of retained payments made
by the contractor must be honored by the party holding the
securities as part of the procedure to accomplish the
substitution of securities under this section, as long as the
assignment is not made without prior notification to the
contracting agency of the State and the party holding the
securities.__Such assignment may not impair the equitable
rights of the contractor's surety in the retained payments or
in the securities substituted for the retained payments in the
event of the contractor's default in the performance of the
contract or in the payment of labor and material bills or
other obligations covered by the surety's bond.

 
9.__Environmental control costs.__Any contract made for a
public improvement must include the cost of environmental
control measures required for execution of the contract; the
cost of environmental control activity that is required by
legislation or rules passed or adopted after the date on which
bids are received for the project for which such contract is
made or awarded must be paid for in an equitable manner.


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