ENROLLED
ACT No. 92
2020 Regular Session
HOUSE BILL NO. 758
BY REPRESENTATIVE ZERINGUE
1 AN ACT
2 To enact R.S. 38:2211(A)(14) and 2248(C), relative to payment of obligations arising under
3 public contracts; to allow certain public entities to withhold liquidated damages for
4 public works contracts under certain circumstances; to provide for definitions; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 38:2211(A)(14) and 2248(C) are hereby enacted to read as follows:
8 §2211. Definitions
9 A. As used in this Chapter unless the context clearly indicates otherwise, the
10 following terms shall mean:
11 * * *
12 (14) "Liquidated Damages" means a fixed sum of damages stipulated in a
13 public works construction contract that are intended to compensate a public entity
14 as a result of a delay in performance by the contractor and may be assessed for a
15 project not being substantially complete within the time provided for by the public
16 works contract.
17 * * *
18 §2248. Provisions for withholding payment; effect on liability of contractor or
19 agency; punch list; liquidated damages
20 * * *
21 C. Notwithstanding any provision of law to the contrary, a public entity
22 letting a public works construction contract for a flood protection project or for an
23 integrated coastal protection project as defined in R.S. 49:214.2, as per the terms of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 758 ENROLLED
1 the contract, may withhold liquidated damages from any payments or monies
2 otherwise due to the contractor, taking into consideration all granted time extensions,
3 after the expiration of the forty-five day period set forth in R.S. 38:2242(B).
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.