Sec. 36.90.210. Required contractual terms.

396 words·~2 min read·/ak/title-36/chapter-90/36-90-210

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The prime contractor and a subcontractor on a public construction or public works contract must include in a subcontract between the prime contractor and subcontractor for the public construction or public works a clause that requires the prime contractor to pay

(1)the subcontractor for satisfactory performance under the subcontract within eight working days after receiving payment from which the subcontractor is to be paid;

(2)the subcontractor all retainage due under the subcontract within eight working days after final payment is received from the state or political subdivision or after the notice period under AS 36.25.020

(b)expires, whichever is later;

(3)the subcontractor interest on an amount that is not paid in accordance with

(1)of this subsection for the period beginning on the day after the required payment date and ending on the day on which payment of the amount due is made; the interest shall be computed at an interest rate that is equal to the amount set out in AS 45.45.010 (a);

(4)interest on retainage withheld from the subcontractor at an interest rate that is equal to the amount set out in AS 45.45.010 (a).

(b)A subcontractor on a public construction or public works contract must include in each subcontract under which a person agrees to provide the subcontractor with services, other than as an employee, or supplies to be used in the public construction or public works project a clause that requires the subcontractor to pay

(1)the person for satisfactory performance under the subcontract within eight working days after receiving payment from which the person is to be paid;

(2)the person all retainage due under the subcontract with the person within eight working days after the subcontractor receives its share of the state-held retainage from the prime contractor or another subcontractor;

(3)the person interest on an amount that is not paid in accordance with

(4)interest on retainage withheld from the person at an interest rate that is equal to the amount set out in AS 45.45.010 (a).