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House Bill 1399

House Bill 1399

ARCHIVE (2005)

Latest Information


Retainage on state public works projects. Provides that use and occupancy of a public work by a state governmental body creates a presumption that the public works project is substantially complete. Provides for a public works mediator to hear grievances of contractors and subcontractors relating to the payment of retainage on state public works projects. Provides that the state examiner or the state examiner's designee is the public works mediator. Provides a contractor or subcontractor a cause of action against a person that fails to pay retainage or to take action to secure the payment of retainage if the retainage is not paid within five business days of the public works mediator's decision that the retainage should be paid. Provides that a contractor or subcontractor that prevails in such a cause of action can recover three times the amount of retainage in controversy, attorney's fees, and certain costs.
Current Status:
In Committee - first House
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