Notwithstanding AS 36.90.210 and 36.90.230, the prime contractor or a subcontractor may negotiate and include in a public construction or public works subcontract a provision that permits
(1) the prime contractor or a subcontractor to determine that part or all of a subcontractor's request for payment may be withheld for unsatisfactory performance under the subcontract; and
(2) the prime contractor or a subcontractor to withhold payment for unsatisfactory performance without incurring an obligation to pay interest for late payment, if a notice complying with AS 36.90.240 has been previously furnished to the subcontractor and a copy of the notice is furnished to the contracting officer of the state or political subdivision.
Structure Alaska Statutes
Chapter 90. Miscellaneous Provisions
Article 3. Public Construction Contract Payment.
Sec. 36.90.200. Payment deadline and interest.
Sec. 36.90.210. Required contractual terms.
Sec. 36.90.220. Optional contractual terms.
Sec. 36.90.230. Withholding payment for unsatisfactory performance.
Sec. 36.90.240. Form of certain notices.
Sec. 36.90.260. Miscellaneous provisions.
Sec. 36.90.265. Applicability to political subdivisions.