Section 36.05.045. Notice of work and completion; withholding of payment.

   (a) Before commencing work on a public construction contract, the person entering into the contract with a contracting agency shall designate a primary contractor for purposes of this section. Before work commences, the primary contractor shall file a notice of work with the Department of Labor and Workforce Development. The notice of work must list work to be performed under the public construction contract by each contractor who will perform any portion of work on the contract and the contract price being paid to each contractor. The primary contractor shall pay all filing fees for each contractor performing work on the contract, including a filing fee based on the contract price being paid for work performed by the primary contractor's employees. The filing fee payable shall be the sum of all fees calculated for each contractor. The filing fee shall be one percent of each contractor's contract price. The total filing fee payable by the primary contractor under this subsection may not exceed $5,000. In this subsection, "contractor" means an employer who is using employees to perform work on the public construction contract under the contract or a subcontract.
   (b) Upon completion of all work on the public construction contract, the primary contractor shall file with the Department of Labor and Workforce Development a notice of completion together with payment of any additional filing fees owed due to increased contract amounts. Within 30 days after the department's receipt of the primary contractor's notice of completion, the department shall inform the contracting agency of the amount, if any, to be withheld from the final payment.
   (c) A contracting agency
        (1) may release final payment on a public construction contract to the extent that the agency has received verification from the Department of Labor and Workforce Development that
             (A) the primary contractor has complied with (a) and (b) of this section;
             (B) the Department of Labor and Workforce Development is not conducting an investigation under this title; and
             (C) the Department of Labor and Workforce Development has not issued a notice of a violation of this chapter to the primary contractor or any other contractors working on the public construction contract; and
        (2) shall withhold from the final payment an amount sufficient to pay the department's estimate of what may be needed to compensate the employees of any contractors under investigation on this construction contract, and any unpaid filing fees.
   (d) The notice and filing fee required under (a) of this section may be filed after work has begun if
        (1) the public construction contract is for work undertaken in immediate response to an emergency; and
        (2) the notice and fees are filed not later than 14 days after the work has begun.
   (e) A false statement made on a notice required by this section is punishable under AS 11.56.210.

Notes

History

(Sec. 2 ch 111 SLA 2003; am Sec. 3 ch 28 SLA 2011)