- Alaska Statutes.
- Title 36. Public Contracts
- Chapter 90. Miscellaneous Provisions
- Section 220. Optional Contractual Terms.
previous: Section 210
. Required Contractual Terms.
next: Section 230
. Withholding Payment For Unsatisfactory Performance.
AS 36.90.220. Optional Contractual Terms.
Notwithstanding AS 36.90.210
and 36.90.230, the prime contractor or a
subcontractor may negotiate and include in a public construction or public works subcontract a provision that permits
- (1) the prime contractor or a subcontractor to determine that part or all of a subcontractor's request for payment may be
withheld for unsatisfactory performance under the subcontract; and
- (2) the prime contractor or a subcontractor to withhold payment for unsatisfactory performance without incurring an
obligation to pay interest for late payment, if a notice complying with AS 36.90.240
has been previously furnished to the subcontractor and a copy of the notice is furnished to the contracting officer of
the state or political subdivision.
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