2021 Wyoming Statutes
Title 16 - City, County, State and Local Powers
Chapter 6 - Public Property
Article 1 - Public Works and Contracts
Section 16-6-116 - Payment to Contractor; Substantial Completion; Final Completion; Required Notices.

Universal Citation: WY Stat § 16-6-116 (2021)

16-6-116. Payment to contractor; substantial completion; final completion; required notices.

(a) When any public work is let by contract, the public entity under whose direction or supervision the work is being carried on and conducted shall:

(i) Issue a certificate of substantial completion after determination that the public work, or designated portion thereof the public entity agrees to accept separately, is substantially complete;

(ii) Upon issuance of a certificate of substantial completion, cause notice to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for two (2) consecutive weeks, and posted on the state procurement website or the public entity's official website. The notice shall set forth in substance that the public entity has accepted the work, or designated portion thereof, as substantially complete according to the contract and associated documents and that the general contractor is entitled to payment as provided in paragraph (iii) of this subsection upon the forty-first day (and the notice shall specify the exact date) after the notice was first published and posted. If the contract provides for multiple substantial completions, this paragraph shall apply to each substantial completion designated in the contract;

(iii) Upon the forty-first day after the notice required under paragraph (ii) of this subsection was first published and posted, the public entity under whose direction or supervision the work has been carried on shall pay to the general contractor any payment retained by the public entity under W.S. 16-6-702(b) together with any other amount due under the contract, less any amount withheld for the portion of the public work that is incomplete or not completed in accordance with the contract and associated documents;

(iv) Issue a certificate of final completion after determination that the contract is fully performed and all portions of the public work are acceptable under the contract and associated documents. Any amounts withheld under paragraph (iii) of this subsection for the portion of the public work that was determined incomplete or not in accordance with the contract and associated documents and due under the contract shall be paid to the general contractor. The public entity shall post the date of final completion for the public work on the state procurement website or the public entity's official website.

(b) This section does not relieve the general contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract.

(c) The public entity shall provide written notice of the requirements of this section in the project specifications.

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