[§104-2.5]  Public work requirements;private construction contracts.  (a)  Section 104-2 notwithstanding, forpurposes of this chapter, public work shall also include a constructioncontract between private persons if more than fifty per cent of the assignablesquare feet of a project is leased or assigned for use by the State, anycounty, or any agency of the State or any county, whether or not the propertyis privately owned, and:

(1)  The lease or other agreement is entered intoprior to the construction contract becoming effective; or

(2)  Construction work is performed according to aplan, specifications, or criteria established by the State, any county, or anyagency of the State or any county.

(b)  Prior to the start of construction on aproject, the construction project owner shall sign a lease or other agreementwith the governmental leasing agency or the governmental agency accepting theconstruction project for its use to certify the construction project owner'scompliance with this chapter, including payment of prevailing wages.

(c)  Copies of the lease or other agreementunder subsection (b) shall be filed with the department and the department ofaccounting and general services.  The construction project owner shall submitweekly certified payrolls to the governmental leasing agency or thegovernmental agency accepting the construction project for its use, which shallbe the governmental contracting agency for the construction project. [L 2007, c62, §1]