COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1285
(Reference to Senate engrossed bill)
Page 9, line 36, strike "FIVE" insert "TEN"
Page 20, line 36, after "contractor" insert "shall be made"
Line 37, after "estimate" insert a period strike remainder of line
Line 38, strike "such"
Line 39, strike "shall" insert "may"; strike "ten"
Line 40, strike "five" insert "ten"
Page 21, strike lines 10 through 21, insert:
"3. When the contract is fifty percent completed, one‑half of the amount retained including any securities substituted under paragraph 5 8 of this subsection shall be paid to the contractor upon the contractor's request if the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty percent completed, no more than five percent of the amount of any subsequent progress payments made under the contract may be retained if the contractor is making satisfactory progress on the project, except that if at any time the owner determines satisfactory progress is not being made, ten percent retention shall be reinstated for all progress payments made under the contract subsequent to the determination."
Renumber to conform
Page 22, line 17, strike "Ten five" insert "Ten"
Lines 34 and 37, strike "ten five" insert "ten"
Page 23, lines 7 and 10, strike "7" insert "8"
Page 30, line 42, after "registrar" insert "of contractors"
Page 35, line 24, after "contractor" insert "shall be made"
Line 25, after "estimate" insert a period strike remainder of line
Line 27, strike "ten" insert "ten"
Line 28, strike "five"
Strike lines 43 through 45
Page 36, strike lines 1 through 8, insert:
"3. When the contract is fifty per cent Percent completed, one‑half of the amount retained including any securities substituted under paragraph 5 8 shall be paid to the contractor on the contractor's request provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty per cent percent completed, no more than five per cent percent of the amount of any subsequent progress payments made under the contract may be retained providing the contractor is making satisfactory progress on the project, except that if at any time the owner determines satisfactory progress is not being made ten per cent percent retention shall be reinstated for all progress payments made under the contract after the determination."
Renumber to conform
Page 37, line 3, strike "Ten" insert "Ten"; strike "five"
Lines 19 and 22, strike "ten" insert "ten"; strike "five"
Lines 37 and 40, strike "7" insert "8"
Line 43, strike "8" insert "9"
Page 53, line 23, strike "Ten" insert "Ten"; strike "five"
Strike lines 29 through 40, insert:
"B. When the contract is fifty per cent percent completed, one‑half of the amount retained or securities substituted pursuant to this section shall be paid to the contractor upon the contractor's request provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty per cent percent completed, no more than five per cent percent of the amount of any subsequent progress payments made under the contract shall be retained providing the contractor is making satisfactory progress on the project, except that if at any time the state determines satisfactory progress is not being made ten per cent percent retention shall be reinstated for all progress payments made under the contract subsequent to the determination."
Reletter to conform
Page 54, line 29, after "estimate" insert a period strike remainder of line
Line 30, strike "during a preceding period of time as set by rule, except that" insert "The estimate for a progress payment is to be submitted on a monthly cycle."
Page 66, after line 45, insert:
"Sec. 15. Applicability
This act applies to all construction contracts entered into between the owner and contractor from and after December 31, 2019."
Amend title to conform