TITLE 37
Public Property and Works

CHAPTER 37-12
Contractors' Bonds

SECTION 37-12-10


§ 37-12-10. Retainers relating to contracts for public works, sewer, or water main construction.

(a) Upon substantial completion of the work required by a contract aggregating in amount less than five hundred thousand dollars ($500,000) for the construction, reconstruction, alteration, remodeling, repair, or improvement of sewers and water mains, or any public works project defined in § 37-13-1, the awarding authority may deduct from its payment a retention to secure satisfactory performance of the contractual work not exceeding five percent (5%) of the contract price.

(b) There shall also be deducted and retained from the contract price an additional sum sufficient to pay the estimated cost of municipal police traffic control on any public works project. Municipalities shall directly pay the officers working traffic details and shall bill and be reimbursed by the withholding authority for which the contract is being performed every thirty (30) days until the project is complete.

(c) Notwithstanding the foregoing, with respect to projects located within the town of Warren, the withholding authority shall hold an amount from the contract price that shall be reasonably sufficient to pay the estimated cost of municipal police traffic control. The withholding authority shall pay to the town of Warren within seventy-two (72) hours of written demand the actual costs of police traffic control associated with said project on an ongoing basis.

History of Section.
(P.L. 1979, ch. 377, § 1; P.L. 1989, ch. 368, § 1; P.L. 1996, ch. 378, § 1; P.L. 2004, ch. 22, § 1; P.L. 2010, ch. 276, § 1; P.L. 2010, ch. 288, § 1; P.L. 2018, ch. 170, § 2.)