Senate
File
2365
-
Introduced
SENATE
FILE
2365
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3159)
(COMPANION
TO
HF
2189
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
public
improvement
contracts,
including
1
notice
requirements.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5742SV
(1)
91
lh/jh
S.F.
2365
Section
1.
Section
573.16,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
a.
The
public
corporation,
the
principal
contractor,
3
any
claimant
for
labor
or
material
who
has
filed
a
claim,
4
or
the
surety
on
any
bond
given
for
the
performance
of
the
5
contract,
may,
at
any
time
after
the
expiration
of
thirty
days,
6
and
not
later
than
sixty
days,
following
the
completion
and
7
final
acceptance
of
said
improvement,
bring
action
in
equity
in
8
the
county
where
the
improvement
is
located
to
adjudicate
all
9
rights
to
said
fund,
or
to
enforce
liability
on
said
bond.
10
b.
No
later
than
fourteen
calendar
days
after
final
11
acceptance
of
the
improvement,
the
public
corporation
shall
12
send
to
the
principal
contractor,
the
surety
on
any
bond
given
13
for
the
performance
of
the
contract,
and
any
claimant
for
labor
14
or
material
who
has
filed
a
claim,
a
written
notification
of
15
the
date
of
the
public
corporation’s
final
acceptance
of
the
16
improvement.
The
public
corporation
shall
not
be
liable
for
17
any
claims
or
damages
based
on
or
arising
out
of
the
public
18
corporation’s
failure
to
comply
with
this
paragraph.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
public
improvement
contracts.
23
Under
Code
chapter
573,
a
public
corporation
may
enter
24
into
a
contract
for
the
construction
of
a
public
improvement.
25
The
bill
requires
that
no
later
than
14
calendar
days
after
26
the
public
corporation’s
final
acceptance
of
the
public
27
improvement,
the
public
corporation
shall
send
a
written
28
notification
of
the
date
of
the
public
corporation’s
final
29
acceptance
of
the
public
improvement
to
the
principal
30
contractor,
the
surety
on
any
bond
given
for
the
performance
of
31
the
contract,
and
any
claimant
for
labor
or
material
who
has
32
filed
a
claim.
The
public
corporation
will
not
be
liable
for
33
any
claims
or
damages
based
on
or
arising
out
of
the
public
34
corporation’s
failure
to
comply
with
the
bill.
35
-1-
LSB
5742SV
(1)
91
lh/jh
1/
1