LD 1478
pg. 2
Page 1 of 3 An Act To Clarify Rights of Retainage in Public Improvement Construction Contra... Page 3 of 3
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LR 1155
Item 1

 
3.__Designer's role.__Issues between the contractor and the
owner of a public improvement concerning substantial or final
completion or concerning the scope or cost of punch list work and
any other questions necessary to determine when retained funds
are due to be released must be promptly resolved by the designer,
whose decisions are not binding by virtue of this section for any
other purpose.

 
4.__Contractor's remedy.__An owner of a public improvement
that retains for more than 30 days any funds in excess of those
properly calculated from the punch list or that retains any
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 any 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in value than the amount withdrawn.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 the owner of a public improvement shall pay over to
the contractor all net income from the escrowed securities as it
is received.__The Treasurer of State or the 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 owner of a public
improvement, 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 latter case, the contractor is entitled to
receive interest, coupons or income only from those securities
that remain after the deduction has been made.

 
8.__Assignments.__Any assignment of retained payments made by
the contractor of a public improvement must be honored by the
party holding the securities as part of the procedure to
accomplish the substitution of securities under this section,
provided that such an assignment may not be made without prior
notification to the contracting agency of the State and the party
holding the securities.__Such an assignment does not impair the
equitable rights of the contractor's surety in the retained
payments or in the securities substituted therefor 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.


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