§ 24-02-13 — Payment of estimates on contract or deposits in condemnation

Whenever any estimate or allowance for payment, except a final estimate or payment
subsequent to a final estimate, is allowed, or granted, on a contract entered into by the
department, or a deposit is to be made with the clerk of district court in a condemnation
proceeding, and the estimate is vouchered by the department for presentation to the office of
management and budget, instead of submitting the estimate to the contractor or clerk of district
court for certification, the director of the department or the director's authorized designee shall
make the following certificate, in lieu of the certificate otherwise required by law, which must be
printed on the voucher or claim:
Estimate certificate. I hereby certify that the within estimate or claim is just and true, that the
contractor herein named has rendered the services and furnished the material herein
charged, that they are of the value claimed, that no part thereof has been paid, and that the
foregoing estimate or claim is supported by a proper contract and bond on file in the
department or that the purpose of the payment to a clerk of district court is pursuant to law
and for the taking of property by condemnation.
_________________________________________
Director, Department of Transportation
After a certified estimate or deposit with a clerk of district court has been approved for payment
by the director, the same must be presented to the office of management and budget for
payment. The office of management and budget thereupon shall prepare and issue a warrant
therefor signed by the state auditor without submitting the voucher or claim to the office of the
budget for examination and allowance. The foregoing procedure does not apply to the final
estimate or allowance to a contractor, nor to any estimate or allowance subsequent or
supplemental to the final estimate, but the final estimate or supplemental allowance must
conform to the provisions of law relative to the certification and approval of any other claim or
demand; nor does the procedure apply to payments to property owners involved in the taking of
property in any condemnation proceeding.