State Codes and Statutes

Statutes > Iowa > Title-11 > Subtitle-3 > Chapter-468 > 468-103

468.103 FINAL SETTLEMENT -- CLAIMS FOR DAMAGES. If it finds the work under any contract has been completed and accepted, the board shall compute the balance due, and if there are no liens on file against such balance, it shall enter of record an order directing the auditor to draw a warrant in favor of said contractor upon the levee or drainage fund of said district or give the contractor an order directing the county treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, for such balance found to be due, but such warrants, improvement certificates or bonds shall not be delivered to the contractor until the expiration of thirty days after the acceptance of the work. If any claims for damages have been filed as provided in section 468.102, the board shall review said claims and determine said claims. If the determination by the board on any claim for damages results in a finding by the board that the damages resulting to the claimant were due to the negligence of the contractor, then the board shall provide for payment of said claim out of the remaining funds owing to the contractor. If the determination by the board results in a finding that the damages resulting to the claimant were not due to the negligence of the contractor but resulted from unavoidable necessity in the performance of the contract, then the board shall allow for payment of said claim in the amount fixed by the board out of the funds in said drainage district.
         Section History: Early Form
[C73, § 1212; C97, § 1944; S13, § 1944, 1989-a9; C24, 27, 31, 35, 39, § 7534; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.113]
         Section History: Recent Form
89 Acts, ch 126, § 2 CS89, § 468.103 Filing of claims, § 573.10

State Codes and Statutes

Statutes > Iowa > Title-11 > Subtitle-3 > Chapter-468 > 468-103

468.103 FINAL SETTLEMENT -- CLAIMS FOR DAMAGES. If it finds the work under any contract has been completed and accepted, the board shall compute the balance due, and if there are no liens on file against such balance, it shall enter of record an order directing the auditor to draw a warrant in favor of said contractor upon the levee or drainage fund of said district or give the contractor an order directing the county treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, for such balance found to be due, but such warrants, improvement certificates or bonds shall not be delivered to the contractor until the expiration of thirty days after the acceptance of the work. If any claims for damages have been filed as provided in section 468.102, the board shall review said claims and determine said claims. If the determination by the board on any claim for damages results in a finding by the board that the damages resulting to the claimant were due to the negligence of the contractor, then the board shall provide for payment of said claim out of the remaining funds owing to the contractor. If the determination by the board results in a finding that the damages resulting to the claimant were not due to the negligence of the contractor but resulted from unavoidable necessity in the performance of the contract, then the board shall allow for payment of said claim in the amount fixed by the board out of the funds in said drainage district.
         Section History: Early Form
[C73, § 1212; C97, § 1944; S13, § 1944, 1989-a9; C24, 27, 31, 35, 39, § 7534; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.113]
         Section History: Recent Form
89 Acts, ch 126, § 2 CS89, § 468.103 Filing of claims, § 573.10

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-11 > Subtitle-3 > Chapter-468 > 468-103

468.103 FINAL SETTLEMENT -- CLAIMS FOR DAMAGES. If it finds the work under any contract has been completed and accepted, the board shall compute the balance due, and if there are no liens on file against such balance, it shall enter of record an order directing the auditor to draw a warrant in favor of said contractor upon the levee or drainage fund of said district or give the contractor an order directing the county treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, for such balance found to be due, but such warrants, improvement certificates or bonds shall not be delivered to the contractor until the expiration of thirty days after the acceptance of the work. If any claims for damages have been filed as provided in section 468.102, the board shall review said claims and determine said claims. If the determination by the board on any claim for damages results in a finding by the board that the damages resulting to the claimant were due to the negligence of the contractor, then the board shall provide for payment of said claim out of the remaining funds owing to the contractor. If the determination by the board results in a finding that the damages resulting to the claimant were not due to the negligence of the contractor but resulted from unavoidable necessity in the performance of the contract, then the board shall allow for payment of said claim in the amount fixed by the board out of the funds in said drainage district.
         Section History: Early Form
[C73, § 1212; C97, § 1944; S13, § 1944, 1989-a9; C24, 27, 31, 35, 39, § 7534; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.113]
         Section History: Recent Form
89 Acts, ch 126, § 2 CS89, § 468.103 Filing of claims, § 573.10