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(Amended by Ordinance No. 173295, effective April 28, 1999.) Notwithstanding
contractual provisions for payment of progress payment warrants, final payment
warrants or payment of retainage, any person given a right by statute to
institute an action on the contractor’s bond may file a claim with the City
Auditor for the labor, material, or payment to State funds for which the
contractor is liable in connection with the performance of the contract. In the
event such claim is filed and the contractor has money due and owing from the
City, the money due and owing shall not be paid to the contractor until 20 days
after the filing of the claim. If, prior to the expiration of such 20-day
period, the money due and owing to the contractor has been ordered withheld or
paid into court by a court of competent jurisdiction, if the claimant withdraws
his or her claim, or if the contractor orders all or a portion of the amount due
and owing to be paid to the claimant, then the Auditor shall divide the payment
or treat the same as required by such order or withdrawal. However, if the only
money due and owing to the contractor is the final retainage, then the City
shall have first call upon the retained amount for correction of defects in the
contract.
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