2022-05-15_GENERAL DOCUMENTS - M1981286

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Before such final payment may be made the Principal Representative must comply with Title 38-26-107 C.R.S. as amended, which requires that publication of a notice of final settlement with the CONTRACTOR be made twice for projects over $120,000.00, and once for projects less than $120,000.00 in a newspaper of general circulation in the county wherein the Agreement was made (usually Denver County) and the county wherein the work was performed. The date fixed in such notice, before which final payment to the CONTRACTOR may not be made, must be no less than ten days after the publication of the notice. Any unpaid creditor of the CONTRACTOR who supplied labor and/or material for the work has those ten days in which to file with the Principal Representative a verified statement of the amount due and unpaid. The Principal Representative must withhold from payment to the CONTRACTOR the total amount of such claim for a period of ninety days after the date in the notice fixed for settlement, but the Principal Representative may not directly make payment to the creditor(s). If within those ninety days a creditor does not reach settlement with the CONTRACTOR, he must file with the Principal Representative a notice that he has brought action at law, otherwise the Principal Representative, at expiration of ninety days, will pay the CONTRACTOR for the amount withheld. Article 51. GUARANTY AND WARRANTIES The CONTRACTOR shall furnish the Principal Representative with a written guaranty for one year covering all labor, materials and workmanship incorporated in the work. The CONTRACTOR, in instances of work performed or material or equipment furnished for which warranties are required by the specifications, shall procure such warranties and deliver them to the Principal Representative on completion of the work. Such warranties will in no way lessen the CONTRACTOR'S responsibilities under the Agreement. Whenever warranties or guarantees are required by the specifications for a period longer than one year, such longer period shall govern. Written guaranties must be received by the Principal Representative before final payment will be approved. Article 52. ASSIGNMENT The CONTRACTOR shall not assign the whole or any part of this Contract as any moneys due or to become due hereunder without the written consent of the Principal Representative. No assignment without said prior approval shall be valid. In case the CONTRACTOR assigns all or part of any moneys due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the CONTRACTOR shall be subject to all claims of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract, whether said service or material were supplied prior to, or after the assignment. Article 53. LIENS There is no right of Mechanic's Lien against publicly-owned property in the State of Colorado. However, as outlined in Article 50 SETTLEMENT, unpaid labor and/or materials suppliers for the work are by law provided certain alternate remedies. Article 54. POST-COMPLETION INSPECTIONS Final payment made to the CONTRACTOR on account of the work shall not operate to relieve the CONTRACTOR of responsibility for faulty material or workmanship, and unless otherwise provided the CONTRACTOR shall remedy any defect due thereto and pay for any damages resultant therefrom which shall appear within one year from the date of final acceptance of the work, which date will be that of the Final Inspection and Certificate of Completion. Colorado Division of Reclamation, Mining and Safety Page 20 of 21 Pages Revised: 9/17/2019