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



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



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



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



(c)  Copies of the lease or other agreement
under subsection (b) shall be filed with the department and the department of
accounting and general services.  The construction project owner shall submit
weekly certified payrolls to the governmental leasing agency or the
governmental agency accepting the construction project for its use, which shall
be the governmental contracting agency for the construction project. [L 2007, c
62, §1]