6 chapters · 59 sections in this title.
A.R.S. § 34-201 Notice of intention to receive bids and enter contract; procedure; doing work without advertising for bids; county compliance
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A. Except as provided in subsections B through G and L of this section, every agent, on acceptance and approval of the working drawings and specifications, shall publish a notice to contractors of intention to receive bids and contract for the proposed work. This notice shall be …
A.R.S. § 34-202 Bids by contractors; estimates when work not done by contract
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A. Proposals for construction of buildings or structures, or additions and alterations thereto, shall be accompanied by bids for all of the proposed work, signed by a responsible contractor and accompanied by a certified check, cashier's check, or surety bond. B. If the proposed …
A.R.S. § 34-203 Failure to comply; civil penalty
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A. An agent who knowingly violates the provisions of section 34-201 is liable for a civil penalty: 1. Except as provided in paragraph 2, not to exceed five thousand dollars for each violation. 2. On the effective date of this amendment to this section until July 1, 2009, not to e…
A.R.S. § 34-221 Contract with successful bidder; payments to contractor and design professional; security; recovery of damages for delay; progress payments; changed or additional work; attorney fees; definitions
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A. The agent shall enter into a contract with the lowest responsible bidder whose proposal is satisfactory, except that in determining the lowest responsible bidder under this section, the board of supervisors may consider, for not more than five projects, the time of completion …
A.R.S. § 34-222 Surety bond required; suit on bond; limitations
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A. Except where specifically exempted by statute, before any contract is executed with any person for the construction, alteration, or repair of any public building, a public work or improvement of any county, city or town, or officer, board or commission thereof, and irrigation,…
A.R.S. § 34-223 Payment bond provisions
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A. Every claimant who has furnished labor or material in the prosecution of the work provided for in a contract for which a payment bond is furnished under section 34-222, and who has not been paid in full for the labor or material for the work before the expiration of a period o…
A.R.S. § 34-224 Effect of article on prior contracts
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This article shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the effective date of this article or to any person or bonds in respect to any such contract, but rights, duties and obligations of parties arising under, or incidental to…
A.R.S. § 34-225 Governmental mall; private and public development; construction contracts; limitations
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A political subdivision of this state may not authorize, pursuant to its planning and zoning or other powers, the private or public development of structures or sites or award a construction contract for new buildings or improvements within the governmental mall composed of the a…
A.R.S. § 34-226 State preemption; indemnity agreements in construction and design professional services contracts void; definitions
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A. The regulation and use of indemnity agreements in construction and design professional services contracts are of statewide concern. The regulation of indemnity agreements in construction and design professional services contracts pursuant to this section and their use are not …
A.R.S. § 34-227 Construction contracts; design professional services contracts; void provisions
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A provision, covenant, clause or understanding in, collateral to or affecting a construction contract or a design professional service contract, as defined in section 34-226, that makes the contract subject to the laws of another state or that requires any litigation, arbitration…
A.R.S. § 34-241 Eligibility of contractors on public works; preferred contractors; eligibility of subcontractor; definitions
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A. In awarding the contract for work to be paid for from public funds, bids of contractors, who are licensed under title 32, chapter 1 or chapter 10, who have satisfactorily performed prior public contracts, and who have paid real or personal property taxes assessed under title 4…
A.R.S. § 34-242 Preference for locally manufactured materials in awarding contracts for furnishing materials
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A. In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either directly or through a contractor or subcontractor, to any political subdivision of this state, to be paid for from pu…
A.R.S. § 34-243 Preference for materials supplied by resident dealers in awarding contracts for furnishing materials
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In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either directly or through a contractor, to any political subdivision of this state, to be paid for from public funds, the cont…
A.R.S. § 34-243.01 Effect of transaction privilege and use taxes in awarding contracts for furnishing any kind of equipment or materials or construction
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In awarding contracts for furnishing any kind of equipment or materials or construction to a political subdivision of this state, the amount of any applicable transaction privilege or use tax of a political subdivision of this state shall not be a factor in determining the lowest…
A.R.S. § 34-244 Provisions inapplicable to federal aid contracts when federal law conflicts
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A. If any provision or condition of this article or section 34-301, 34-302 or 38-481 conflicts with any provision of federal law or any rule or regulation made under federal law pertaining to federal aid contracts, such provision or condition shall not apply on federal aid contra…
A.R.S. § 34-245 Provisions inapplicable to irrigation districts
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The provisions of this article and sections 34-301 and 34-302 shall not apply to irrigation districts.
A.R.S. § 34-246 Violations; classification
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An officer of the state or political subdivision thereof or a person acting under or for such officer, or a contractor or subcontractor of the state or political subdivision thereof, or any other person violating any provision of this article or sections 34-301, 34-302 or 38-481,…
A.R.S. § 34-251 Definitions
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In this article, unless the context otherwise requires: 1. "Governmental agency" includes this state, agencies, boards, commissions, departments, institutions and political subdivisions of this state, municipal corporations and all other public bodies which may enter into contrac…
A.R.S. § 34-252 Contract, combination or conspiracy to restrain trade or commerce; violation; classification
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A. A person who enters into any contract, combination, conspiracy or other act in restraint of trade or commerce which is unlawful under title 44, chapter 10, article 1 is guilty of a class 4 felony if the contract, combination, conspiracy or other unlawful act in restraint of tr…
A.R.S. § 34-253 Noncollusion affidavits
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A governmental agency may require noncollusion affidavits from all bidders. The governmental agency shall specify the requirement for noncollusion affidavits in the call for bids. Failure of any bidder to provide an affidavit to the governmental agency is grounds for disqualifica…
A.R.S. § 34-254 Civil damages; limitation
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A. Any governmental agency entering into a contract which is or was the subject of a contract, combination, conspiracy or other act prohibited by title 44, chapter 10, article 1 has a right of action against the parties to the contract, combination, conspiracy or other act to rec…
A.R.S. § 34-255 Convicted persons; contracting employment; prohibition
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A. For a period of up to three years from the date of conviction for a violation of section 34-252 as determined by the court, the person convicted is not eligible to enter into a contract with any governmental agency, either directly as a contractor or supplier or indirectly as …
A.R.S. § 34-256 Persons convicted; service prohibition
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A person is not eligible to serve as registrar of contractors or as a member of the contractors' recovery fund board who was convicted of a crime involving one of the following: 1. A contract, combination, conspiracy or other act in restraint of trade in the courts of this state …
A.R.S. § 34-257 Suspension from bidding
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Any governmental agency may suspend for a period of up to three years from the date of conviction any person and any subsidiary or affiliate of any person from further bidding to the agency and from being a subcontractor to a contractor with the agency or a supplier to the agency…
A.R.S. § 34-258 Enforcement jurisdiction
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The attorney general or a county attorney has jurisdiction to enforce the provisions of this article.