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Last modified
8/15/2009 11:40:44 AM
Creation date
9/30/2006 8:11:57 PM
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Template:
Legislation
Bill Number
HB79-1239
Year
1979
Title
Concerning Retentions in Construction Contracts with Public Entities
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />payments of the amount due to each of his subcontractors in the <br />same manner as the public entity is required to pay the <br />contractor under this section, providing that the subcontractor <br />is satisfactorily performing under his contract with the <br />contractor. <br /> <br />24-91-104. Contract - completion by public entit~ - partial <br />payments. If it becomes necessary for a pub 1 i c entl ty to take <br />over the completion of any contract, all of the amounts owing the <br />contractor, including the withheld percentage, shall first be <br />applied toward the cost of completion of the contract. Any <br />balance remaining in the retained percentage after completion by <br />the public entity shall be payable to the contractor or the <br />contractor's creditors. Such retained percentage as may be due <br />any contractor shall be due and payable at the expiration of <br />thirty days from the date of final acceptance by the public <br />entity of the contract work. <br /> <br />24-91-105. Withdrawal b contractor of sums withheld- <br />security deposit requlred. he contractor under any contract <br />exceedlng eighty thousand dollars made or awarded by any public <br />entity. pursuant to which sums are withheld to assure <br />satisfactory performance of the contract, may withdraw the whole <br />or any portion of the said sums withheld if the contractor <br />deposits acceptable securities with the public entity. The <br />contractor shall endorse the acceptable securities in favor of <br />the public entity, authorizing the puilic entity to negotiate the <br />acceptable securities and to receive the payments due the public <br />entity pursuant to law or the terms of the contract, and to the <br />extent there are excess funds resulting from said negotiation, <br />the balance shall be returned to the contractor. Such acceptable <br />securities so deposited at all times shall have a market value at <br />least equal in value to the amount so withdrawn. If at any time <br />a public entity determines that the market value of the <br />acceptable securities theretofore deposited has fallen below. the <br />amount so withdrawn, the public entity shall give notice thereof <br />to the contractor, who forthwith shall deposit additional <br />acceptable securities in an amount sufficient to reestablish a <br />total deposit of securities equal in value to the amount so <br />withdrawn. <br /> <br />24-91-106. Escrow agreement - authority to enter into. A <br />public entity may enter into an escrow contract or agreement with <br />any national bank, state bank, trust company, or savings and loan <br />association located in this state and designated by the <br />contractor, after notice to the surety, to provide as escrow <br />agent for the custodial care and servicing of any obligations <br />deposited with him pursuant to this section. Such services shall <br />include the safekeeping of the obligations and the rendering of <br />all services required to effectuate the purposes of this section <br />and section 38-26-107, C.R.S. 1973. <br /> <br />24-91-107. Custodian for obligations - collection of <br /> <br />PAGE 3-HOUSE BILL NO. 1239 <br />
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