Title XIV, PROPERTY (Ch. 555 - 594A)

A public corporation shall not be permitted to plead noncompliance with section 573.12 and the retained percentage of the contract price, which in no case shall be more than three percent, constitutes a fund for the payment of claims for materials furnished and labor performed on…

1. The fund provided for in section 573.13 shall be retained by the public corporation for a period of thirty days after the completion and final acceptance of the improvement. If at the end of the thirty-day period claims are on file, the public corporation shall continue to ret…

1. A person, firm, or corporation that has performed labor for or furnished materials, service, or transportation to a subcontractor shall not be entitled to a claim against the retainage or bond under this chapter unless the person, firm, or corporation that performed the labor …

Notwithstanding section 573.14 , a public corporation may release retained funds upon completion of ninety-five percent of the contract in accordance with the following: 1. Any person, firm, or corporation who has, under contract with the principal contractor or with subcontracto…

1. The public corporation, the principal contractor, any claimant for labor or material who has filed a claim, or the surety on any bond given for the performance of the contract, may, at any time after the expiration of thirty days, and not later than sixty days, following the c…

The official board or officer letting the contract, the principal contractor, all claimants for labor and material who have filed their claim, and the surety on any bond given for the performance of the contract shall be joined as plaintiffs or defendants. [C24, 27, 31, 35, 39, §…

1. The court shall adjudicate all claims for which an action is filed under section 573.16 . Payments from the retained percentage, if still in the hands of the public corporation, shall be made in the following order: a. Costs of the action. b. Claims for labor. c. Claims for ma…

When the retained percentage is insufficient to pay all claims for labor or materials, the court shall, in making distribution under section 573.18 , order the claims in each class paid in the order of filing the same. [C97, §3102; S13, §1989-a57; C24, 27, 31, 35, 39, § 10316; C4…

1. Contracts for the construction of a public improvement shall, when the contract price equals or exceeds twenty-five thousand dollars, be accompanied by a bond, with surety, conditioned for the faithful performance of the contract, and for the fulfillment of other requirements …

When it appears that the unpaid portion of the contract price for the public improvement, or a part thereof, is represented in whole or in part, by property other than money, or if a deposit has been made in lieu of a surety, the court shall have jurisdiction thereover, and may c…

The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or materials who has, in whole or in part, established a claim. [C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, § 10318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.21 ]

If, after the said retained percentage has been applied to the payment of duly filed and established claims, there remain any claims that are unpaid in whole or in part, judgment shall be entered for the amount of the claims that are unpaid against the principal and sureties on t…

When a contractor abandons the work on a public improvement or is legally excluded from work on a public improvement, the improvement shall be deemed completed for the purpose of filing claims as provided in this chapter , from the date of the official cancellation of the contrac…

If payment for such improvement is to be made in whole or in part from the primary road fund, the county auditor shall immediately notify the state department of transportation of the filing of all claims. [C24, 27, 31, 35, 39, § 10321; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79…

The filing of any claim shall not work the withholding of any funds from the contractor except the retained percentage, as provided in this chapter . [C24, 27, 31, 35, 39, § 10322; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.25 ]

Nothing in this chapter shall be construed as limiting in any manner the right of the public corporation to pursue any remedy on the bond given for the performance of the contract. [C24, 27, 31, 35, 39, § 10323; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.26 ]

Notwithstanding anything in this Code to the contrary, when at least ninety-five percent of any contract for the construction of public improvements has been completed to the satisfaction of the public contracting authority and owing to conditions beyond the control of the constr…

1. For purposes of this section : a. “Authorized contract representative” means the person chosen by the governmental entity or the department to represent its interests or the person designated in the contract as the party representing the governmental entity’s or the department…

1. The obligation of the public corporation to require, and the contractor to execute and deliver said bond, shall not be limited or avoided by contract. 2. A public corporation, with respect to a public improvement which is or has been competitively bid or negotiated, shall not …

A deposit of money, a certified check on a solvent bank of the county in which the improvement is to be located, a credit union certified share draft, state or federal bonds, bonds issued by a city, school corporation, or county of this state, or bonds issued on behalf of a drain…

Said bond shall run to the public corporation. The amount thereof shall be fixed, and the bond approved, by the official board or officer empowered to let the contract, in an amount not less than seventy-five percent of the contract price, and sufficient to comply with all requir…

The following provisions shall be held to be a part of every bond given for the performance of a contract for the construction of a public improvement, whether said provisions be inserted in such bond or not, to wit: [1] The principal and sureties on this bond hereby agree to pay…

1. Any person, firm, or corporation who has, under a contract with the principal contractor or with subcontractors, performed labor, or furnished material, service, or transportation, in the construction of a public improvement, may file, with the officer, board, or commission au…

1. In case of highway improvements by the county, claims shall be filed with the county auditor of the county letting the contract. In case of contracts for improvements on the farm-to-market highway system paid from farm-to-market funds, claims shall be filed with the auditor of…

The officer shall endorse over the officer’s official signature upon every claim filed with the officer, the date and hour of filing. [C24, 27, 31, 35, 39, § 10307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.9 ]