reglab/housing_qa huggingface dataset:
MT Code § 18-1-118 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-118. Access to records of contracting entities

  18-1-118. Access to records of contracting entities. Money may not be spent by a state agency under a contract with a nonstate entity unless the contract contains a provision that allows the legislative auditor sufficient access to the records of the nonstate entity to determine whether the parties have complied with the terms of the contract. The access to records is necessary to carry out the functions provided for in Title 5, chapter 13. A state agency may terminate a contract, without incurring liability, for the refusal of a nonstate entity to allow access to records as required by this section.   History: En. Sec. 12, Ch. 787, L. 1991; amd. Sec. 60, Ch. 545, L. 1995; amd. Sec. 2, Ch. 377, L. 1997.
MT Code § 18-1-201 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-201. Requirement for bidder's security

  18-1-201. Requirement for bidder's security. (1) A "public authority" or "obligee" includes:   (a) the state of Montana or any department (including the department of administration, unless otherwise authorized by express provision of law), institution, board, commission, agency, authority or subordinate jurisdiction thereof;   (b) any county or other political subdivision of this state;   (c) any municipal corporation or authorized subdivision thereof; or   (d) school districts, irrigation districts, or other public authority organized under the laws of the state of Montana.   (2) Except as provided in 18-4-312, in all cases where a public authority or obligee is authorized by law to solicit bids, tenders, or proposals for public works, improvements, or undertakings of any kind or for the purchase of commodities, goods, or property or for the procurement of technical or special services on a bid basis (exclusive of services on the basis of salaries or wages) or for the sale and purchase of bonds, debentures, notes, or any other forms of indebtedness of any such public authority, the respective executive, administrative, or other officers of and acting for such public authority shall require, as a condition precedent to considering any such bids, as evidence of good faith on the part of the bidder, and as indemnity for the benefit of such public authority against the failure or refusal of any bidder to enter into any written contract that may be awarded upon and following acceptance of bid or as a condition precedent to consummating any sale and purchase of any forms of indebtedness, that any bid shall contain a written covenant of indemnity conditioned as herein prescribed and that the bid shall be accompanied by bid security of the nature herein specified for the performance of such covenant.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part); amd. Sec. 1, Ch. 424, L. 1985.
MT Code § 18-1-202 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-202. Advertisement for bid to specify required security

  18-1-202. Advertisement for bid to specify required security. (1) The advertisement, request, or solicitation for bids or offers must distinctly specify that all bidders, offerors, tenderers, or contractors shall:   (a) whenever bids are solicited other than for purchase of any forms of indebtedness, expressly covenant in any bid that if the bidder is awarded the contract, the bidder will, within the time required as stated in the advertisement or solicitation, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract. If a bond is not provided, the bidder shall pay the public authority the difference in money between the amount of the bid of the bidder and the amount for which the public authority legally contracts with another party to perform the work or supply the property, commodities, or services, as the case may be, if the latter amount is in excess of the former.   (b) whenever the bids are solicited for the purchase and sale of any forms of indebtedness of the public authority, expressly covenant that the security accompanying the bid in the amount specified by the public authority must be kept and retained by the public authority as liquidated damages for failure to consummate the purchase of the forms of indebtedness that may be awarded on acceptance of bid and in compliance with the terms of the bid.   (2) The public authority shall distinctly specify in the solicitation or advertisement for bids the penal or other sum fixed by statute to be paid by a bidder failing or refusing as aforesaid whenever the amount of the bid security is fixed by statute. Otherwise, the public authority shall specify the amount, which may not be less than 2% of the principal amount of the indebtedness for a bid for the purchase of indebtedness and 10% of the bid price for any other bid, that it considers reasonably necessary to protect and indemnify the public authority against the failure or refusal of the bidder to enter into the contract or consummate the purchase of indebtedness, as the case may be.   (3) The advertisement, request, or other solicitation for bids or offers must distinctly specify that a bid bond or other form of security specified in 18-1-203 constitutes compliance with the requirement for bid security.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part); amd. Sec. 1, Ch. 85, L. 1979; amd. Sec. 1, Ch. 51, L. 1995.
MT Code § 18-1-203 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-203. Form of security

  18-1-203. Form of security. (1) (a) In all cases under 18-1-202(1), the bidder, offeror, or tenderer shall accompany any bid with either:   (i) lawful money of the United States;   (ii) a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a federally chartered or state-chartered bank insured by the federal deposit insurance corporation; or   (iii) a bid bond, guaranty bond, or surety bond executed by a surety corporation authorized to do business in the state of Montana. If a financial guaranty bond or surety bond is provided to secure the purchase of indebtedness, the long-term indebtedness of the company executing the financial guaranty bond or surety bond must carry an investment grade rating of one or more nationally recognized independent rating agencies.   (b) The public authority soliciting or advertising for bids may not require that a bid bond, guaranty bond, or surety bond provided for in subsection (1)(a)(iii) be furnished by a particular surety company or by a particular insurance producer for a surety company.   (2) The money or, in lieu of money, the bank instruments or bid bonds, financial guaranty bonds, or surety bonds must be payable directly to the public authority soliciting or advertising for bids.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part); amd. Sec. 11, Ch. 184, L. 1983; amd. Sec. 2, Ch. 51, L. 1995; amd. Sec. 1, Ch. 203, L. 2003.
MT Code § 18-1-204 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-204. Forfeiture -- bidder's liability -- waiver

  18-1-204. Forfeiture -- bidder's liability -- waiver. (1) Except as provided in subsection (3), if in any instance one or more bids be accepted or a sale of any form of indebtedness is ordered or a contract is awarded, any bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the proposed contract or carry out and consummate the purchase of any form of indebtedness, as stated in the covenant in the bid and herein, shall absolutely forfeit such moneys or bank instruments to the public authority concerned and become immediately liable on the bid bond but not in excess of the penal sum therein stated.   (2) In no event shall the bidder's liability, the liability of the maker of the security instrument, or the liability on the bid bond exceed the amount specified by the public authority in the solicitation or advertisement for bids, whether the amount shall be posted in money, be stated as the amount payable in the security instrument, or as the maximum amount payable in the bid bond.   (3) With respect to bids accepted under Title 18, chapter 2, the department may waive the requirement to forfeit bid security.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part); amd. Sec. 1, Ch. 83, L. 1987.
MT Code § 18-1-205 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-205. Return of bid security

  18-1-205. Return of bid security. The moneys or bank instruments or bid bonds, as the case may be, shall be returned to those bidders whose bids are not accepted.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part).
MT Code § 18-1-206 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 2. Bid Security|18-1-206. Effect of compliance

  18-1-206. Effect of compliance. Nothing contained in this part shall exclude or be construed to excuse compliance with any other requirements for bonds or other or further security after acceptance of bids or following award of contract or excuse compliance with any requirements for performance bonds at any time, as such requirements may be prescribed or authorized by the laws of the state of Montana.   History: En. Sec. 1, Ch. 174, L. 1951; amd. Sec. 101, Ch. 326, L. 1974; R.C.M. 1947, 6-501(part).
MT Code § 18-1-301 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 3. Prepayment of Public Contractors|18-1-301. Contractor withdrawals -- deposit of obligations

  18-1-301. Contractor withdrawals -- deposit of obligations. (1) The contractor under any contract made or awarded by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district, including any contract for the construction, improvement, maintenance, or repair of any road or highway or the appurtenances to a road or highway, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract that are retained by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district pursuant to the terms of the contract, provided the contractor shall deposit with the contracting agency:   (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;   (b) bonds or notes of the state of Montana;   (c) bonds of any political subdivision of the state of Montana of a market value not exceeding par at the time of deposit; or   (d) certificates of deposit drawn and issued by a national banking association located in the state of Montana or by any banking corporation incorporated under the laws of the state of Montana.   (2) Deposited obligations must be at least equal in value to the amount so withdrawn from payments retained under the contract.   (3) Except as provided in subsection (4), all interest accrued in the accounts of deposits required under this section must be paid to the contractor.   (4) The contractor shall extend to the contractor's subcontractors the opportunity to participate in making the deposits required in subsection (1). Interest accrued in deposit accounts in which subcontractors participate must be distributed on a pro rata basis by the contractor to the participating subcontractors. A subcontractor participating in making the deposits required in subsection (1) may not have additional retainage withheld by the contractor.   History: En. Sec. 1, Ch. 194, L. 1969; amd. Sec. 1, Ch. 101, L. 1971; R.C.M. 1947, 82-4101; amd. Sec. 1, Ch. 113, L. 1985; amd. Sec. 1, Ch. 222, L. 1999.
MT Code § 18-1-302 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 3. Prepayment of Public Contractors|18-1-302. Servicing of deposited obligations

  18-1-302. Servicing of deposited obligations. After notice to the owner and surety, the contracting agency shall have the power to enter into a contract or agreement with any national bank, state bank, trust company, or safe deposit company located in the state of Montana, designated by the contractor, to provide for the custodial care and servicing of any obligations deposited with it pursuant to this part. Such services shall include the safekeeping of said obligations and the rendering of all services required to effectuate the purposes of this part.   History: En. Sec. 2, Ch. 194, L. 1969; R.C.M. 1947, 82-4102; amd. Sec. 2, Ch. 113, L. 1985.
MT Code § 18-1-303 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 3. Prepayment of Public Contractors|18-1-303. Interest or income on deposits to contractor

  18-1-303. Interest or income on deposits to contractor. (1) The contracting agency or any national bank, state bank, trust company, or safe deposit company located in the state of Montana, designated by the contractor to serve as custodian for the obligations pursuant to 18-1-302, shall collect all interest or income when due on the obligations so deposited and shall pay the same, when and as collected, to the contractor who deposited the obligation.   (2) If deposited in the form of coupon bonds, the contracting agency or the designated custodian, pursuant to 18-1-302, shall deliver each such coupon as it matures to the contractor.   History: En. Sec. 3, Ch. 194, L. 1969; R.C.M. 1947, 82-4103; amd. Sec. 3, Ch. 113, L. 1985.
MT Code § 18-1-304 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 3. Prepayment of Public Contractors|18-1-304. Priority of deductions from retained payments and proceeds of deposited obligation

  18-1-304. Priority of deductions from retained payments and proceeds of deposited obligation. Any amount deducted by the state of Montana or by any department, agency, or political subdivision thereof pursuant to the terms of a contract from the retained payments otherwise due to the contractor thereunder shall be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor shall be entitled to receive the interest, coupons, or income only from those obligations which remain on deposit after such amount has been deducted.   History: En. Sec. 4, Ch. 194, L. 1969; R.C.M. 1947, 82-4104.
MT Code § 18-1-401 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-401. Jurisdiction

  18-1-401. Jurisdiction. The district courts of the state of Montana shall have exclusive original jurisdiction to hear, determine, and render judgment on any claim or dispute arising out of any express contract entered into with the state of Montana or any agency, board, or officer thereof.   History: En. Sec. 1, Ch. 138, L. 1955; R.C.M. 1947, 83-601.
MT Code § 18-1-402 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-402. Administrative procedures -- exhaustion -- time limitations

  18-1-402. Administrative procedures -- exhaustion -- time limitations. Whenever any contracting agency of the state of Montana provides a procedure for the settlement of any question or dispute arising between the contractor and the agency, the contractor, before proceeding to bring an action in court under the provisions of this part, shall resort to the procedure within the time specified in the contract or, if a time is not specified, within 90 days after the question or dispute has arisen, provided:   (1) in a case in which a settlement procedure is provided by the contracting agency, all actions authorized under this section must be commenced within 1 year after a final decision has been rendered pursuant to the settlement procedure; and   (2) in a case in which a settlement procedure is not provided by the contracting agency, the action must be commenced by the contractor within 1 year after the cause of action has arisen.   History: En. Sec. 2, Ch. 138, L. 1955; R.C.M. 1947, 83-602; amd. Sec. 222, Ch. 56, L. 2009.
MT Code § 18-1-403 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-403. Stipulations restricting enforcement void

  18-1-403. Stipulations restricting enforcement void. Every stipulation or condition in a contract by which any party is restricted from enforcing the party's rights under the provisions of this part is void.   History: En. Sec. 3, Ch. 138, L. 1955; R.C.M. 1947, 83-603; amd. Sec. 223, Ch. 56, L. 2009.
MT Code § 18-1-404 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-404. Liability of state -- interest -- costs

  18-1-404. Liability of state -- interest -- costs. (1) (a) The state of Montana is liable in respect to any contract entered into in the same manner and to the same extent as a private individual under like circumstances, except the state of Montana is not liable for punitive damages.   (b) The state of Montana is liable for interest from the date on which the payment on the contract became due. This liability is retroactive, within the meaning of 1-2-109, and applies to any contract in effect or an action pending on a contract on or after May 1, 1997. If the contract is subject to a good faith dispute brought before a government agency or before a court, the interest rate is 10% simple interest each year, whether due before or after a decision by the government agency or court. If the contract does not specify when interest is payable before a decision, interest must be paid at the time provided in 17-8-242(2). If the contract is not subject to a good faith dispute brought before a government agency or before a court, the interest rate is governed by 17-8-242.   (2) Costs may be allowed as provided in 25-10-711. In all other cases, costs must be allowed in all courts to the successful claimant to the same extent as if the state of Montana were a private litigant. The costs must include attorney fees. The liability for attorney fees is retroactive, within the meaning of 1-2-109, and applies to any contract in effect or an action pending on a contract on or after May 1, 1997.   (3) This section does not apply to a contract governed by Title 19.   History: En. Sec. 4, Ch. 138, L. 1955; R.C.M. 1947, 83-604; amd. Sec. 3, Ch. 402, L. 1979; amd. Sec. 1, Ch. 508, L. 1997; amd. Sec. 1, Ch. 413, L. 1999; amd. Sec. 12, Ch. 181, L. 2001.
MT Code § 18-1-405 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-405. through 18-1-410 reserved

  18-1-405 through 18-1-410 reserved.
MT Code § 18-1-411 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-411. Practice and procedure

  18-1-411. Practice and procedure. In actions under the provisions of this part, the forms of process, writs, pleadings, and motions and the practice and procedure, together with the right of appeal to the supreme court of the state of Montana, shall be the same as if the state of Montana were a private person, and provisions for counterclaim and setoff shall be the same as if the state of Montana were a private person.   History: En. Sec. 5, Ch. 138, L. 1955; R.C.M. 1947, 83-605.
MT Code § 18-1-412 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-412. Service of process upon attorney general

  18-1-412. Service of process upon attorney general. In addition to any other requirement for service of process contained in Rule 4(l), M.R.Civ.P., the attorney general of the state of Montana is hereby designated as the person upon whom all process shall be served in actions under the provisions of this part.   History: En. Sec. 6, Ch. 138, L. 1955; amd. Sec. 15, Ch. 343, L. 1977; R.C.M. 1947, 83-606(part); amd. Sec. 1, Ch. 58, L. 1979.
MT Code § 18-1-413 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-413. Litigation -- compromise

  18-1-413. Litigation -- compromise. The attorney general has full charge of litigation under this part on behalf of the state of Montana. The attorney general is authorized to arbitrate, compromise, or settle any claim cognizable under this part after the institution of any suit under this part, with the approval of the court in which the suit is pending. The provisions of 2-4-603(1) apply to any arbitration, compromise, or settlement made pursuant to this section.   History: En. Sec. 6, Ch. 138, L. 1955; amd. Sec. 15, Ch. 343, L. 1977; R.C.M. 1947, 83-606(part); amd. Sec. 3, Ch. 451, L. 1999.
MT Code § 18-1-414 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 4. Contract Actions Against the State|18-1-414. Judgments -- payment

  18-1-414. Judgments -- payment. A final judgment shall be the obligation of the state of Montana and shall be paid out of funds appropriated by the legislature next succeeding the date of judgment.   History: En. Sec. 7, Ch. 138, L. 1955; R.C.M. 1947, 83-607.