§ 81-2402 — Terms, defined

As
used in the Prompt Payment Act, unless the context otherwise requires:
(1) Agency shall mean the state and any agency, department, office,
commission, board, panel, or division of the state. Agency shall include the University of Nebraska and the
Nebraska state colleges;
(2) Bill shall mean a proper billing or invoice which requests a payment
and which is supplemented by all necessary verification and forms required
by agency rules and regulations to process payments;
(3) Creditor shall mean any person, corporation, association, or other
business concern engaged in a trade or business, either on a for-profit or
not-for-profit basis, and providing any goods or services to an agency;
(4) Good faith dispute shall mean:
(a) A contention by the agency that goods delivered or services rendered
were of less quantity or quality than ordered or specified by contract, faulty,
or installed improperly; or
(b) Any other reason giving cause for the withholding of payment by
the agency until the dispute is settled, except that failure to give notice
as prescribed in section 81-2405 shall preclude an agency from claiming a
good faith dispute in the case of a defective or improper billing;
(5) Goods shall mean any goods, supplies, materials, equipment, or other
personal property but shall not mean any real property; and
(6) Services shall mean any contractual services, including, but not
limited to, architectural, engineering, medical, financial consulting, or
other professional services, any construction services, and any other personal
services but shall not mean any services performed as an officer or employee
of any agency.

Legislative History

Source: Laws 1988, LB 1079, § 2; Laws 2010, LB552, § 11.