- (1) Contract incomplete. If the Contract is still in force, ODOT may, in accordance with ORS 279C.515(1), pay a valid claim to the Entity furnishing the labor or services, and charge the amount against payments due or to become due to the Contractor under the Contract. Under terms of the Contract it is the Contractor's responsibility to make payment on any such claims. The Contractor and the Contractor's surety shall not be relieved from liability for unpaid claims.
- (2) Contract completed. If the Contract has been completed and all funds disbursed to the prime Contractor, all claims shall be referred to the Contractor's surety for resolution. ODOT shall not make payments to subcontractors or suppliers for Work already paid for by ODOT.
Statutory/Other Authority
ORS 184.616, 184.619, 279A.065 & 279A.050
Statutes/Other Implemented
ORS 279C.515
History
DOT 1-2022, renumbered from 731-007-0330, filed 01/13/2022, effective 01/13/2022
DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05