Senate
File
574
-
Reprinted
SENATE
FILE
574
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SF
431)
(As
Amended
and
Passed
by
the
Senate
March
25,
2025
)
A
BILL
FOR
An
Act
relating
to
retention
of
fees
for
public
improvement
1
contracts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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574
(2)
91
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S.F.
574
Section
1.
Section
573.12,
subsection
1,
paragraphs
a
and
b,
1
Code
2025,
are
amended
to
read
as
follows:
2
a.
Payments
made
under
contracts
for
the
construction
of
3
public
improvements,
unless
provided
otherwise
by
law,
shall
4
be
made
on
the
basis
of
monthly
estimates
of
labor
performed
5
and
material
delivered,
as
determined
by
the
project
architect
6
or
engineer.
The
public
corporation
shall
retain
from
each
7
monthly
payment
not
more
than
five
three
percent
of
that
amount
8
which
that
is
determined
to
be
due
according
to
the
estimate
9
of
the
architect
or
engineer.
10
b.
The
contractor
may
retain
from
each
payment
to
a
11
subcontractor
not
more
than
the
lesser
of
five
three
percent
12
or
the
amount
specified
in
the
contract
between
the
contractor
13
and
the
subcontractor.
14
Sec.
2.
Section
573.13,
Code
2025,
is
amended
to
read
as
15
follows:
16
573.13
Inviolability
and
disposition
of
fund.
17
A
public
corporation
shall
not
be
permitted
to
plead
18
noncompliance
with
section
573.12
and
the
retained
percentage
19
of
the
contract
price,
which
in
no
case
shall
be
more
than
five
20
three
percent,
constitutes
a
fund
for
the
payment
of
claims
21
for
materials
furnished
and
labor
performed
on
the
improvement
22
and
shall
be
held
and
disposed
of
by
the
public
corporation
as
23
provided
in
this
chapter
.
24
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