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| 1 | AMENDMENT TO HOUSE BILL 1224 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 1224, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of House Amendment No. | ||||||
| 4 | 1, on page 1, line 12, after the period, by inserting the | ||||||
| 5 | following: | ||||||
| 6 | ""Retainage" does not include moneys withheld from grants to | ||||||
| 7 | entities for capital improvements to non-State property."; and | ||||||
| 8 | on page 1, by replacing lines 13 through 16 with the following: | ||||||
| 9 | ""Satisfactory progress" means that a project is | ||||||
| 10 | progressing according to the contractual schedule and budget | ||||||
| 11 | and that the work has been performed in accordance with | ||||||
| 12 | industry standards and without deficiencies."; and | ||||||
| 13 | on page 2, line 24, by replacing "adjusted" with "decreased"; | ||||||
| 14 | and | ||||||
| 15 | on page 3, immediately below line 5, by inserting the | ||||||
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| 1 | following: | ||||||
| 2 | "Section 20. Limitations retainage from subcontractors. | ||||||
| 3 | (a) Notwithstanding any other provision of law, if a State | ||||||
| 4 | agency has not withheld retainage from a payment to a | ||||||
| 5 | contractor on a project, then that contractor may not withhold | ||||||
| 6 | retainage from a payment to a subcontractor for the same | ||||||
| 7 | project. | ||||||
| 8 | (b) If a State agency has withheld retainage from a | ||||||
| 9 | contractor in accordance with Section 10, then the contractor | ||||||
| 10 | may withhold retainage from a payment to subcontractor, but | ||||||
| 11 | only to the extent that the amount retained from payment to the | ||||||
| 12 | contractor by the State agency is attributable to a failure on | ||||||
| 13 | the part of the subcontractor to make satisfactory progress | ||||||
| 14 | with respect to the subcontractor's contractual obligations. | ||||||
| 15 | (c) This Section applies only to subcontracts entered into | ||||||
| 16 | on or after the effective date of this Act in connection with a | ||||||
| 17 | State construction contract that is subject to the provisions | ||||||
| 18 | of Section 10.". | ||||||