Revision: Jan. 21, 2010, midnight
HB 33 – AS AMENDED BY THE HOUSE
9Feb2005… 0088h
2005 SESSION
05/10
HOUSE BILL 33
AN ACT relative to the study of state retainage practices.
SPONSORS: Rep. Ross, Hills 3; Rep. Carter, Hills 3; Rep. Adams, Hills 2
COMMITTEE: Executive Departments and Administration
This bill directs the commissioner of administrative services, in consultation with the commissioner of department of transportation and director of public works, to study retainage practices on state construction and highway contracts.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Feb2005… 0088h
05-0200
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the study of state retainage practices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Study of State Retainage Practices by Department of Administrative Services.
I. The commissioner of administrative services, shall study, in consultation with the commissioner of the department of transportation and the director of public works, retainage practices relative to state construction and highway contracts. The study shall include a review of rules governing retainage practices and the extent to which the following issues are addressed by rule or other agency procedures:
(a) Retainage by state agencies from payment to contractors and retainage by contractors to subcontractors.
(b) Retainage from periodic payments and final payments including a maximum allowable amount of retainage.
(c) A time certain for an owner’s release of retainage based upon the owner’s occupancy, substantial completion of work, or the owner’s use of the improvements.
(d) A time certain for the contractor’s release of retainage to a subcontractor.
(e) Conditions permitting withholding of retention beyond the date of release and limitations on the amount of retainage for a condition permitting withholding.
(f) Conditions permitting interest on wrongfully withheld retainage.
(g) Reimbursement of attorney fees incurred to recover wrongfully withheld retainage.
(h) The line item release of retainage for specified work that has been completed and approved by the owner.
II. On or before September 1, 2005, the commissioner of administrative services shall submit a written report of findings and recommendations relative to retainage practices, including any recommendations for subcontractor guidelines, rules, or legislation, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.
2 Effective Date. This act shall take effect upon its passage.