Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 13 - CONTRACTS, CLAIMS AND TRANSACTION OF BUSINESS WITH COUNTIES (§§ 19-13-1 — 19-13-119) › IN GENERAL (§§ 19-13-1 — 19-13-55) › Section 19-13-15 - [Applicable to contracts executed prior to July 1, 1984] Payment for work not to be made until inspection; partial payments

The board of supervisors shall never make a payment to any contractor for building or repairing a bridge, or for doing any work on a public road, public building or other public work, where the contract price exceeds Two Hundred Dollars ($200.00) but is less than One Thousand Dollars ($1,000.00), without first having the same inspected and accepted by a committee, and having the certificate of the committee, under oath filed and entered on the minutes of the board. Such committee shall be appointed by the board of supervisors for that purpose and shall consist of at least two (2) members of the board of other districts than the one in which the work is done. The board shall not be bound by the acceptance of the committee, and shall never pay for the work in such cases until the specifications therefor are complied with and the work completed. In all cases of public work let by the board of supervisors where the contract price exceeds One Thousand Dollars ($1,000.00), the board may contract so as to provide for making partial payments to the contractor therefor as the work progresses. In no case shall the retained amount of such partial payments be less than two and one-half percent (2 1/2 %) nor more than ten percent (10%) of the value of the work done and material used in the performance of the contracts, such value to be estimated by some competent person employed by the board to superintend such work, and not until the superintendent shall furnish to the board such estimate, in writing, on his oath as to the correctness of such estimate, which estimate, with the oath annexed thereto, shall be filed with and recorded in the minutes of the board; provided, however, the amount retained by the prime contractor from each payment due the subcontractor shall not exceed the percentage withheld by the board of supervisors from the prime contractors. Before such person employed by the board shall enter upon the discharge of the duty of supervising such work, and before he shall furnish any estimate as to the value of the work done, he shall enter into bond in such penalty as may be fixed by the board, with sufficient sureties, to be approved by the board, and conditioned for the faithful performance of his duties as superintendent of such work, which bond shall be filed and preserved by the board, and shall be liable to suit thereon in the name of the county, for any misfeasance or malfeasance on the part of such superintendent touching the performance of his duties. The board shall not be bound by the estimate of such superintendent, nor shall the making of any partial payments on any public work, as above provided, be construed as an acceptance of the work and materials so inspected by such superintendent. The board shall not make the final payment on any such works or building without first having the same inspected as a whole and accepted by a committee of the board, as hereinbefore provided, and until the specifications are complied with and the work completed.
Codes, 1892, § 342; Laws, 1906, § 363; Hemingway's 1917, § 3736; Laws, 1930, § 241; Laws, 1942, § 2919; Laws, 1904, ch. 141; Laws, 1924 ch. 237; Laws, 1968 ch. 289, § 1; Laws, 1976, ch. 450, § 1; Laws, 1979, ch. 454, § 2; Laws, 1984, ch. 406, § 2, eff. 7/1/1984, and shall apply only to contracts executed on or after 7/1/1984.
This section is set out more than once due to postponed, multiple, or conflicting amendments.