Title 36 — Public Contracts
9 chapters · 210 sections in this title.
AS 36.90.220 Optional contractual terms.
0.7K chars
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…
AS 36.90.230 Withholding payment for unsatisfactory performance.
1.4K chars
(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…
AS 36.90.240 Form of certain notices.
0.3K chars
A notice under AS 36.90.220(2) or 36.90.230(a)(1) must be in writing and must state the amount being withheld, the specific causes for the withholding under the terms of the subcontract, and the remedial actions to be taken by the subcontractor to receive payment of the amount wi…
AS 36.90.250 Retainage.
0.5K chars
(a) The state or a political subdivision of the state shall pay to the prime contractor interest on retainage, including warranty retainage, on a contract for public construction or public works at an interest rate that is equal to the amount set out in AS 45.45.010(a). Interest …
AS 36.90.260 Miscellaneous provisions.
0.7K chars
(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 i…
AS 36.90.265 Applicability to political subdivisions.
0.3K chars
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.
AS 36.90.270 Waiver of provisions prohibited.
0.1K chars
A contract provision that waives a provision required by AS 36.90.200 — 36.90.290 is void.
AS 36.90.290 Definitions.
0.6K chars
Article 4. Required Contract Provision. 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 th…
AS 36.90.300 Indemnification, defense, and hold harmless provision in certain construction-related contracts.
2.7K chars
(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, er…
AS 36.95.010 Definitions.
1.6K chars
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 physic…