HRS Section 103D-309 Contract not binding unless funds available
Posted on Dec 29, 2010(Amended by Act 140; effective 7/1/10)
- Applies to highway construction affecting relocation of utilities (HRS §264-33) involving state or county funds, including funds from a utility company. Adds a new subsection applicable to Department of Transportation (DOT) highway construction work limited to HRS §264-33, relocation of utility facilities. The DOT or county may certify sufficient funds for the utility (i.e. electric or water services) portion of the contract price, as provided in the agreement (i.e. MOA or MOU) between all affected parties that includes parties share and terms of payment, allows progress payments or final payment, and late payment costs. for highway construction affecting relocation of utilities (HRS §264-33) involving state or county funds, including funds from a utility company.
- See Procurement Circular 2010-02.