§ 37-13-5 Payment for trucking or
materials furnished – Withholding of sums due. –
A contractor or subcontractor on public works authorized by a proper authority
shall pay any obligation or charge for trucking and material which have been
furnished for the use of the contractor or subcontractor, in connection with
the public works being performed by him or her, within ninety (90) days after
the obligation or charge is incurred or the trucking service has been performed
or the material has been delivered to the site of the work, whichever is later.
When it is brought to the notice of the proper authority in a city or town, or
the proper authority in the state having supervision of the contract, that the
obligation or charge has not been paid by the contractor or subcontractor, the
proper authority may deduct and hold for a period not exceeding sixty (60)
days, from sums of money due to the contractor or subcontractor, the equivalent
amount of such sums certified by a trucker or materialman creditor as due him
or her, as provided in this section, and which the proper authority determines
is reasonable for trucking performed or materials furnished for the public
works.
(P.L. 1936, ch. 2361, §§ 2, 3; G.L. 1938, ch. 290, §§ 2, 3;
G.L. 1938, ch. 290, § 4; P.L. 1955, ch. 3580, § 1; G.L. 1956, §
37-13-5; P.L. 1965, ch. 77, § 1.)