reglab/housing_qa huggingface dataset:
MT Code § 18-2-206 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 2. Performance, Labor, and Materials Bonds|18-2-206. Notice to contractor concerning subcontractor

  18-2-206. Notice to contractor concerning subcontractor. (1) A person, firm, or corporation furnishing provender, provisions, materials, or supplies to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state or any county, city, town, district, municipality, or other public body shall, not later than 30 days after the date of the first delivery to a subcontractor or agent of a person, firm, or corporation having a subcontract for the construction, performance, carrying on, prosecution, or doing of the work, give a notice of a right of action on the security.   (2) (a) The notice must be delivered personally or sent by certified mail to the contractor.   (b) The notice must be in writing and state:   (i) that it is a notice of a right of action on the security;   (ii) that the person, firm, or corporation giving the notice has commenced to deliver provender, provisions, materials, or supplies;   (iii) the name of the subcontractor or agent who placed the order or to whom the provender, provisions, materials, or supplies were delivered; and   (iv) that the contractor and the contractor's security will be held for the unpaid price if the supplier is not paid.   (3) To have a right of action against the contractor and the security under this part, a person, firm, or corporation shall give the written notice required by this section in substantially the form described in subsection (2). Any other type of actual or constructive notice is not sufficient.   (4) A suit or action may not be maintained in any court against the contractor or the security to recover for the provender, provisions, materials, or supplies or any part thereof unless the provisions of this part have been complied with.   History: En. Sec. 2, Ch. 20, L. 1931; re-en. Sec. 5668.42, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1967; R.C.M. 1947, 6-402; amd. Sec. 1, Ch. 637, L. 1987; amd. Sec. 6, Ch. 130, L. 1995.
MT Code § 18-2-207 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 2. Performance, Labor, and Materials Bonds|18-2-207. Costs -- attorney fees

  18-2-207. Costs -- attorney fees. In a suit or action brought against the surety, payor, or other person liable on the security by a person or corporation to recover for any of the items specified in this part, the prevailing party is entitled to recover, in addition to all other costs, attorney fees in a sum that the court finds reasonable. However, attorney fees may not be allowed in a suit or action brought or instituted before the expiration of 30 days following the date of filing of the notice required in 18-2-206.   History: En. Sec. 4, Ch. 20, L. 1931; re-en. Sec. 5668.44, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1941; amd. Sec. 1, Ch. 175, L. 1957; R.C.M. 1947, 6-404(part); amd. Sec. 7, Ch. 130, L. 1995.
MT Code § 18-2-208 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 2. Performance, Labor, and Materials Bonds|18-2-208. Exceptions

  18-2-208. Exceptions. (1) The provisions of this part do not apply to money loaned or advanced to a contractor, subcontractor, or other person in the performance of the work.   (2) A city or town may impose any other or further conditions and obligations in the security that is considered necessary for its proper protection in the fulfillment of the terms of the contract and not in conflict with this part.   (3) The notice required by 18-2-204 to be given within 90 days after completion of the contract and acceptance of the work may not be construed to prevent or delay the payment of money due the contractor under the terms and conditions specified in the contract.   History: (1)En. Sec. 1, Ch. 20, L. 1931; re-en. Sec. 5668.41, R.C.M. 1935; Sec. 6-401, R.C.M. 1947; (2), (3)En. Sec. 4, Ch. 20, L. 1931; re-en. Sec. 5668.44, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1941; amd. Sec. 1, Ch. 175, L. 1957; Sec. 6-404, R.C.M. 1947; R.C.M. 1947, 6-401(part), 6-404(part); amd. Sec. 8, Ch. 130, L. 1995.
MT Code § 18-2-301 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-301. Bids required -- advertising

  18-2-301. Bids required -- advertising. (1) It is unlawful for any offices, departments, institutions, or any agent of the state of Montana acting for or in behalf of the state to do, to cause to be done, or to let any contract for the construction of buildings or the alteration and improvement of buildings and adjacent grounds on behalf of and for the benefit of the state when the amount involved is $75,000 or more without first advertising in at least one issue each week for 3 consecutive weeks in two newspapers published in the state, one of which must be published at the seat of government and the other in the county where the work is to be performed, calling for sealed bids to perform the work and stating the time and place bids will be considered.   (2) All work may be done, caused to be done, or contracted for only after competitive bidding.   (3) If responsible bids are not received after two attempts, the department or agency may contract for the work in a manner determined to be cost-effective for the state.   (4) This section does not apply to work done by inmates at an institution in the department of corrections.   (5) (a) The provisions of Montana law governing advertising and competitive bidding do not apply when the department of fish, wildlife, and parks is preserving or restoring the historic buildings and resources that it owns at Bannack if:   (i) the options listed in subsection (5)(b) are determined to be more cost-effective for the state; and   (ii) the implementation of the options listed in subsection (5)(b) is necessary to save historic buildings and resources from degradation and loss.   (b) For the preservation or restoration of historic buildings and resources at Bannack when the conditions listed in subsection (5)(a) are met, the department of fish, wildlife, and parks may accomplish the preservation or restoration through:   (i) a memorandum of understanding with a local, state, or federal entity or nonprofit organization when the entity or organization demonstrates the competence, knowledge, and qualifications to preserve or restore historic resources;   (ii) the use of qualified and trained department of fish, wildlife, and parks employees and volunteers;   (iii) a training program in historic preservation and restoration conducted by a qualified local, state, or federal entity or a qualified nonprofit organization; or   (iv) any combination of the options described in subsection (5)(b).   History: (1) thru (3)En. Sec. 1, Ch. 149, L. 1927; re-en. Sec. 259.1, R.C.M. 1935; amd. Sec. 1, Ch. 142, L. 1961; amd. Sec. 1, Ch. 97, L. 1977; Sec. 82-1131, R.C.M. 1947; (4)En. Sec. 2, Ch. 142, L. 1961; amd. Sec. 92, Ch. 199, L. 1965; amd. Sec. 54, Ch. 326, L. 1974; Sec. 82-1131.1, R.C.M. 1947; R.C.M. 1947, 82-1131, 82-1131.1; amd. Sec. 2, Ch. 16, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 518, L. 1993; amd. Sec. 61, Ch. 546, L. 1995; amd. Sec. 1, Ch. 57, L. 1997; amd. Sec. 5, Ch. 249, L. 1997.
MT Code § 18-2-302 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-302. Bid security -- waiver -- authority to submit

  18-2-302. Bid security -- waiver -- authority to submit. (1) (a) Except as provided in subsection (2), each bid must be accompanied by bid security in the amount of 10% of the bid. The security may consist of cash, a cashier's check, a certified check, a bank money order, a certificate of deposit, a money market certificate, or a bank draft. The security must be:   (i) drawn and issued by a federally chartered or state-chartered bank or savings and loan association that is insured by or for which insurance is administered by the federal deposit insurance corporation;   (ii) drawn and issued by a credit union insured by the national credit union share insurance fund; or   (iii) a bid bond or bonds executed by a surety company authorized to do business in the state of Montana.   (b) The state or other governmental entity may not require that a bid bond or 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 state or other governmental entity may waive the requirements for bid security on building or construction projects, as defined in 18-2-101, that cost less than $25,000.   (3) The bid security must be signed by an individual authorized to submit the security by the corporation or other business entity on whose behalf the security is submitted. If the request for bid or other specifications provided by the state or other governmental entity specify the form or content of the bid security, the security submitted must comply with the requirements of that specification.   History: En. Sec. 3, Ch. 149, L. 1927; re-en. Sec. 259.3, R.C.M. 1935; amd. Sec. 2, Ch. 193, L. 1977; amd. Sec. 1, Ch. 487, L. 1977; R.C.M. 1947, 82-1133; amd. Sec. 3, Ch. 250, L. 1987; amd. Sec. 9, Ch. 130, L. 1995; amd. Sec. 6, Ch. 249, L. 1997; amd. Sec. 1, Ch. 282, L. 1999; amd. Sec. 3, Ch. 203, L. 2003.
MT Code § 18-2-303 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-303. Construction bids -- minimum requirements -- effect of failure to comply

  18-2-303. Construction bids -- minimum requirements -- effect of failure to comply. (1) Each bid communicated to a state agency for the construction of a building must contain or be accompanied by the following items that may not be waived by the state agency:   (a) bid security, as required by 18-2-302;   (b) the unit price for each item required to be bid by unit price; and   (c) the signature, including an electronic signature allowed under 60-2-113, of an individual authorized to submit the bid and authorized by that submission to agree to perform the contract if the bid is accepted. If the request for bid or other specifications provided by the state agency specify the individual required to submit the bid, the bid must comply with that requirement.   (2) The unit price must be expressly stated in the bid and may not have to be calculated by the state agency by dividing the total of the unit prices by the number of units specified or required.   (3) A bid that does not include the items required by subsection (1) as part of or along with the bid may not be accepted by the state agency.   (4) The following definitions apply to this section:   (a) "Building" has the meaning provided in 18-2-101.   (b) "Construction" has the meaning provided in 18-2-101.   (c) "State agency" means a department, board, commission, authority, or office of a branch of state government, including the board of regents and the Montana university system.   (d) "Unit price" means the price of lumber, concrete, earth, pipe, or other construction item, activity, or material for which the price is required by the request for bids to be bid on the basis of that item, a linear foot, square foot, square yard, cubic yard, activity an hour or other measurement of time, or other standard unit of measurement for that material, item, or activity.   History: En. Sec. 2, Ch. 282, L. 1999; amd. Sec. 1, Ch. 48, L. 2009.
MT Code § 18-2-304 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-304. and 18-2-305 reserved

  18-2-304 and 18-2-305 reserved.
MT Code § 18-2-306 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-306. Time of final acceptance and final payment on construction contracts -- interest

  18-2-306. Time of final acceptance and final payment on construction contracts -- interest. (1) A government entity that enters into a contract for the construction of a building shall, unless otherwise provided by law or the contract and within 10 days after a request by the construction contractor for final acceptance, decide whether or not to make final acceptance. Within 30 days after final acceptance by the government entity, the government entity shall make the final payment of the contract price specified in the contract to the other party to the contract.   (2) Except as provided by law or the contract, a government entity that fails to complete the payment of the contract price at the time required by subsection (1) shall pay to the other party to the contract interest at the rate specified in 17-8-242 or 18-1-404, as applicable. Collection of interest pursuant to this section does not preclude any other legal remedy.   (3) The following definitions apply to this section:   (a) "Building" has the meaning provided in 18-2-101.   (b) "Construction" has the meaning provided in 18-2-101.   (c) "Final acceptance" means the government entity's acceptance of the construction of a building by the contractor upon certification by the architect, project engineer, or other representative of the government entity of final completion of the building.   (d) "Final completion" means that the building has been completed in accordance with the terms and conditions of the contract documents.   (e) "Government entity" means a department, agency, commission, board, authority, institution, or office of the state, including the board of regents and the Montana university system, a municipality, county, consolidated municipal-county government, school district, or other special district.   History: En. Sec. 1, Ch. 439, L. 1999; amd. Sec. 13, Ch. 181, L. 2001.
MT Code § 18-2-307 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-307. through 18-2-310 reserved

  18-2-307 through 18-2-310 reserved.
MT Code § 18-2-311 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-311. Repealed

  18-2-311. Repealed. Sec. 3, Ch. 87, L. 1985.   History: En. Sec. 1, Ch. 141, L. 1967; R.C.M. 1947, 82-1927.
MT Code § 18-2-312 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-312. Excusable delays

  18-2-312. Excusable delays. A public contractor shall not be considered to be working beyond contract time if the delay is caused by an accident or casualty produced by physical cause which is not preventable by human foresight, i.e., any of the misadventures termed an "act of God".   History: En. Sec. 2, Ch. 141, L. 1967; R.C.M. 1947, 82-1928.
MT Code § 18-2-313 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-313. Contract provisions necessary for federal funds

  18-2-313. Contract provisions necessary for federal funds. In all contracts let for state, county, municipal, and school construction, repair, or maintenance work under any of the laws of this state when the funds for the projects are supplied in whole or in part from funds of the United States government, it is lawful to insert in each of the contracts any provisions that are or will be necessary to have such contract conform to any federal statutes or regulation under which such funds are supplied.   History: En. Sec. 1, Ch. 43, Ex. L. 1933; re-en. Sec. 269.1, R.C.M. 1935; amd. Sec. 2, Ch. 97, L. 1977; R.C.M. 1947, 82-1147.
MT Code § 18-2-314 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-314. Cost-plus system invalid

  18-2-314. Cost-plus system invalid. Any contracts made by, on behalf of, or for the state of Montana which shall directly or indirectly recognize the cost-plus system or principle shall be void and of no effect and this section shall stand as a notice of the invalidity of any such contract.   History: En. Sec. 5, Ch. 149, L. 1927; re-en. Sec. 259.5, R.C.M. 1935; R.C.M. 1947, 82-1135.
MT Code § 18-2-315 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-315. State purchasing not affected

  18-2-315. State purchasing not affected. Nothing contained in 18-2-301, 18-2-302, or 18-2-314 alters, modifies, or changes the laws providing for or relating to department of administration functions relating to state purchasing.   History: En. Sec. 6, Ch. 149, L. 1927; re-en. Sec. 259.6, R.C.M. 1935; amd. Sec. 55, Ch. 326, L. 1974; R.C.M. 1947, 82-1136.
MT Code § 18-2-316 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-316. Limit on retainage for public contracts

  18-2-316. Limit on retainage for public contracts. (1) The maximum retainage applied to construction contracts administered 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 may not exceed 5% if the contractor is performing by the terms of the contract.   (2) The retainage percentage withheld by a government entity, as provided for in subsection (1), from a contractor is the maximum retainage percentage that a contractor may withhold from a subcontractor.   (3) For the purposes for this section, "retainage" means the ratio, in percent, of funds retained to the total amount to be paid to the contractor by the government entity.   History: En. Sec. 2, Ch. 222, L. 1999.
MT Code § 18-2-317 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 3. Contract Requirements and Restrictions|18-2-317. State agency performance contracts -- exempt

  18-2-317. State agency performance contracts -- exempt. Energy performance contracts entered into by state agencies pursuant to Title 90, chapter 4, part 11, are exempt from this part.   History: En. Sec. 1, Ch. 439, L. 2009.
MT Code § 18-2-402 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-402. Standard prevailing rate of wages

  18-2-402. Standard prevailing rate of wages. (1) The commissioner may determine the standard prevailing rate of wages, including fringe benefits, applicable to public works contracts under this part. The commissioner shall keep and maintain copies of collective bargaining agreements and other information on which the rates are based.   (2) The provisions of this part do not apply in those instances in which the standard prevailing rate of wages is determined by federal law.   (3) Whenever this part is applicable, the standard prevailing rate of wages, including fringe benefits, is the greater of the highest applicable rate of wages in the area for the particular work in question as negotiated under existing and current collective bargaining agreements or the rate determined by the applicable survey under this part.   History: En. Sec. 1, Ch. 102, L. 1931; re-en. Sec. 3043.1, R.C.M. 1935; amd. Sec. 1, Ch. 32, L. 1955; amd. Sec. 1, Ch. 43, L. 1961; amd. Sec. 1, Ch. 265, L. 1969; amd. Sec. 1, Ch. 375, L. 1973; amd. Sec. 1, Ch. 531, L. 1975; R.C.M. 1947, 41-701(1), (4), (5); amd. Sec. 3, Ch. 561, L. 1987; amd. Sec. 12, Ch. 277, L. 2009; amd. Sec. 1, Ch. 373, L. 2013.
MT Code § 18-2-404 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-404. Approval of public works contract -- bond

  18-2-404. Approval of public works contract -- bond. (1) All public works contracts under this part must be approved in writing by the legal adviser of the contracting county, municipal corporation, school district, assessment district, or special improvement district body or officer prior to execution by the contracting public officer or officers.   (2) In all public works contracts entered into under the provisions of this part, at least $1,000 of the contract price must be withheld at all times until the termination of the public works contract.   History: (1)En. Sec. 1, Ch. 102, L. 1931; re-en. Sec. 3043.1, R.C.M. 1935; amd. Sec. 1, Ch. 32, L. 1955; amd. Sec. 1, Ch. 43, L. 1961; amd. Sec. 1, Ch. 265, L. 1969; amd. Sec. 1, Ch. 375, L. 1973; amd. Sec. 1, Ch. 531, L. 1975; Sec. 41-701, R.C.M. 1947; (2)En. Sec. 3, Ch. 102, L. 1931; re-en. Sec. 3043.3, R.C.M. 1935; amd. Sec. 2, Ch. 43, L. 1961; Sec. 41-703, R.C.M. 1947; R.C.M. 1947, 41-701(part), 41-703(part); amd. Sec. 3, Ch. 522, L. 1997.
MT Code § 18-2-405 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-405. Repealed

  18-2-405. Repealed. Sec. 8, Ch. 609, L. 1993.   History: En. Sec. 1, Ch. 102, L. 1931; re-en. Sec. 3043.1, R.C.M. 1935; amd. Sec. 1, Ch. 32, L. 1955; amd. Sec. 1, Ch. 43, L. 1961; amd. Sec. 1, Ch. 265, L. 1969; amd. Sec. 1, Ch. 375, L. 1973; amd. Sec. 1, Ch. 531, L. 1975; R.C.M. 1947, 41-701(part).
MT Code § 18-2-406 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-406. Posting wage scale and fringe benefits

  18-2-406. Posting wage scale and fringe benefits. The contractor performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.   History: En. Sec. 1, Ch. 102, L. 1931; re-en. Sec. 3043.1, R.C.M. 1935; amd. Sec. 1, Ch. 32, L. 1955; amd. Sec. 1, Ch. 43, L. 1961; amd. Sec. 1, Ch. 265, L. 1969; amd. Sec. 1, Ch. 375, L. 1973; amd. Sec. 1, Ch. 531, L. 1975; R.C.M. 1947, 41-701(2); amd. Sec. 2, Ch. 517, L. 2001.