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Session Laws, 1988
Volume 770, Page 1711   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 48

reference to the "State Treasurer's check", for
clarity.

In item (2) of this section, the words "Subtitle 2 of
this title" are substituted for the former words "Part
XII of this subtitle" to reflect the reorganization of
this revision.

Defined terms: "Invoice" § 15-101
"Unit" § 11-101

15-106. DISPUTES BY UNITS ON PAYMENT.

THE GOVERNOR SHALL RESOLVE A DISPUTE AMONG UNITS AS TO WHICH
UNIT IS RESPONSIBLE FOR A DELAYED PAYMENT UNDER A PROCUREMENT
CONTRACT.

REVISOR'S NOTE: This section formerly appeared as SF §
11-136.

The only changes are in style.

The Procurement Revision Review Committee notes, for
consideration by the General Assembly, that this
section is meaningless, since it does not impose a
sanction against the unit responsible for the delayed
payment. The General Assembly may wish either to
delete this section or impose a sanction.

Defined terms: "Procurement contract" § 11-101
"Unit" § 11-101

15-107. DUTY OF UNIT AFTER SEMIFINAL PAYMENT.

AFTER A UNIT PAYS A SEMIFINAL ESTIMATE ON A PROCUREMENT
CONTRACT, THE UNIT SHALL PLACE ANY RETAINAGE REMAINING IN ITS
POSSESSION IN AN INTEREST BEARING ESCROW ACCOUNT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 11-136.1.

The former words "[w]hether or not any claim exists"
are deleted as unnecessary. The duty of a unit to
place money into an escrow account under this section
is mandatory in any event and, therefore, it was
misleading to refer to the existence of a "claim".

Defined terms: "Procurement contract" § 11-101
"Unit" § 11-101

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Session Laws, 1988
Volume 770, Page 1711   View pdf image
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