Sec. 36.90.260. Miscellaneous provisions.
(a) In AS 36.90.210 – 36.90.290, (1) a payment is considered to be made when mailed or personally delivered to the party being paid; (2) a payment is considered to be received when it is endorsed for payment, if it is a check; (3) an invoice is considered to be received when it is date-stamped […]
Sec. 36.90.265. Applicability to political subdivisions.
AS 36.90.200 – 36.90.290 apply to a public construction or public works contract of a political subdivision if the political subdivision has entered into a written contract with the state for the state to provide funds for the public construction or public work.
Sec. 36.90.270. Waiver of provisions prohibited.
A contract provision that waives a provision required by AS 36.90.200 – 36.90.290 is void.
Sec. 36.90.290. Definitions.
In AS 36.90.200 – 36.90.290, (1) “prime contractor” means a person required to be registered as a contractor under AS 08.18 who has a contract with the state or a political subdivision of the state to provide materials or services, other than as an employee, for a public construction or public works project; (2) “subcontractor” […]
Sec. 36.90.300. Indemnification, defense, and hold harmless provision in certain construction-related contracts.
(a) A public agency shall include in a construction-related professional services contract entered into by the public agency a provision under which the consultant agrees to indemnify, defend, and hold harmless the public agency from claims or liability for the negligent acts, errors, or omissions of the consultant. The provision must include an apportionment of […]
Sec. 36.95.010. Definitions.
In this title, unless the context requires otherwise, (1) “contractor” means the contractor including subcontractors performing work necessary to facilitate public construction; (2) “laborer, mechanic, or field surveyor” means a person who engages in work that is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, […]
Sec. 36.90.200. Payment deadline and interest.
(a) The state or a political subdivision of the state shall pay the prime contractor for satisfactory performance on a public construction or public works contract within 30 calendar days of the date the state or political subdivision receives a payment request from the prime contractor that complies with the contract. If a political subdivision […]
Sec. 36.90.210. Required contractual terms.
(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 […]
Sec. 36.90.220. Optional contractual terms.
Notwithstanding AS 36.90.210 and 36.90.230, the prime contractor or a subcontractor may negotiate and include in a public construction or public works subcontract a provision that permits (1) the prime contractor or a subcontractor to determine that part or all of a subcontractor’s request for payment may be withheld for unsatisfactory performance under the subcontract; […]
Sec. 36.90.230. Withholding payment for unsatisfactory performance.
(a) If the prime contractor on a public construction or public works contract, after making a request for payment to the state or political subdivision but before paying a subcontractor for the subcontractor’s performance covered by the payment request, discovers that part or all of the payment otherwise due to the subcontractor is subject to […]