§ 468.103 — Final settlement — claims for damages

Iowa § 468.103

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 468: LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS

Text

1. If the board 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 the contractor upon the levee or drainage fund of the 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.
2. If any claims for damages have been filed as provided in section 468.102, the board
shall review and determine the 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 the 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 the claim in the amount fixed by the board out of the
funds in the drainage district.

Legislative History

[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]