About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2017 Op. La. Att'y Gen. 1 (2017)

handle is hein.sag/sagla2017 and id is 1 raw text is: State o L u in DE ATMENTO JUS CIL DIVISION PO BOY 9005 BATON F U9E 701804.005 January 5, 2017 OPNION 16-0201 J ifLandry ttorneN C eeral Hn orable Conrad Appel, III ate Senator, District 9 721 Papworth erue Suite 102A Metare, LA 700 Dear Senator Ap-e1: 90-A-1 PUBLIC FUNDS & CONTRACTS La. C.C. arts. 9, 11, and 13 La k& 1:3 La, R.S 38:2248 L RS. 38:2248 prohbits c nracting agency froI :hding more than ter e of the c act e n pro ets of less than five hunde thousand d la and five pent of the contract price on projects of five hundred thousand dollars, You have requcsted an opinion of he Attorney General as to whether a public works c tact may cnr tai a provision which allows the public entity to with old a retainage in the amount of twenty-five percent in addition to the amount provided for in La. R.S. 38228. Your opi non has been assigned to me for research and reply. The Louisiana Public Bid Law, La. R.C public entities when the contracts relat acquisition of materials -nd supplies. withholding on rubc contr. s. The stat alteration orear of pub ic works. It subdivisions or any other public body letti . 38:2211-2296, regulates contracts by local e to the construction of public works or the La. R.S. 33:2248 is the sole autho ity for ite applies to all contracts for the cos ictorn, also binds the state, s agencies, boards, ng such a contract. The statute provides: A. No contracts for the construction, al erat n, orrepair of any public vorks exe uted in confi rity wth this Part hal provide that the state or any o its agencies, boar-s, or subdv.sions or any other pub i c ity la ting such a contract may withhol payr ent of more than ten perce t of te contract price -n projects of less than five hundred thousand dollars, and five percent of )p contract priceon projects f five hundred thousand dollars or more unti the expiration o for' fyie days after the recordation of formal acceptace of such work, or otce of dfaut by the contractor or subcontractor. Such provs ion for withholding of payment shall in no way change or affect the iability of the letting agency or of the contractor, subcontractor, or their sureties. B. A F Ipub1c works contracts shall cotaai..clause stating that any punch list ge rated during a construction proc t shall include the cost estimates for the paricuar iters of work the design professional has developed based on t obil zaton, labor, material, and equipment costs of correcting ujnc.h list item. The design professional shall retain his working papers used to determine the punch list items cost estimates

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most