Monday, January 3, 2011

SB 102

LC1072
Gene Vuckovich

Revise law on payment of subcontractors on public contracts

3 comments:

  1. In effect, this bill would turn public agencies into de facto general contractors by forcing them to pay subcontractors directly.

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  2. Greg Robertson wrote:
    I think this is really bad public policy and would represent a sea change in how public contracts are administered. The contractual relationship is between the general contractor and the sub-contractor. Our relationship is with the general contractor and not the sub. We require the general as part of our contract to post a payment bond to ensure suppliers and subs are paid in the event the general doesn't.

    I am not sure really how we would integrate such a requirement into our contract documents or track them for that matter since we are not privy to the actual contract between the general and the sub.

    Greg

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  3. This bill would create some amount of additional paperwork--more claims to pay, including, presumably, the 1% contractor withholding to the state. An additional source of paperwork would arise if we need to have a contract with each subcontractor.

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