A. All statements or invoices submitted to the awarding public agency for work performed shall contain a certification by the supervising architect or engineer, or other supervisory official if no supervisory architect or engineer is employed for the project, that work for which payment is claimed has been performed and that such work conforms to the plans and specifications for the project. No such statement or invoice shall be paid by the awarding public agency without such certification. The execution of a certificate, as herein provided, shall not constitute a defense or in any other manner affect any cause or causes of action which the awarding public agency might otherwise have against the contractor for nonperformance of a public construction contract.
B. If project progressive payments are based on the public agency’s estimated quantities of materials provided and work performed, certifications are not required. Payment of progressive estimates shall not constitute a defense or in any manner affect any cause or causes of action which the awarding public agency might have against the contractor for failure to properly perform in accordance with the project contract, plans, specifications, or special provisions. Final estimates shall contain a sworn certification signed by the contractor that the work performed and the material provided conform to the requirements of the contract, plans, specifications, and special provisions.
Added by Laws 1974, c. 298, § 23, operative Aug. 1, 1974. Amended by Laws 2006, c. 271, § 24, eff. July 1, 2006; Laws 2007, c. 263, § 1, eff. Nov. 1, 2007.
Structure Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-1. Bond to be furnished on public works contracts.
§61-2. Filing of bond - Action on bond - Subcontractors.
§61-3. Working day for public employees.
§61-4. Public contracts made on basis of eight-hour day.
§61-5. Penalty for violating two preceding sections.
§61-6. Public buildings - Home products - When to use.
§61-12. Plans and specifications - Approval.
§61-17. Presumption as to consent to jurisdiction of Oklahoma courts.
§61-18. Liability of contractor after completion of contract work.
§61-19. Multi-year contracts for painting and other maintenance of water storage tanks.
§61-60. See the following versions:
§61-60v1. Mandatory consultant and construction contract forms - Exceptions.
§61-60v2. Mandatory consultant and construction contract forms - Exceptions.
§61-62. Construction managers and consultants - Registration and selection.
§61-62.1. Contracts to be in accordance with Public Building Construction and Planning Act.
§61-62.2. Contracts for minor services.
§61-63. Ownership and control of plans, etc.
§61-64. Misdemeanor offenses - Punishment.
§61-65. Application of act - Emergencies.
§61-81. Fair and Open Competition in Governmental Construction Act.
§61-83. Prohibited terms in bid specifications for public improvement projects.
§61-85. Prohibited terms in bid specifications for public improvement projects.
§61-103. Governing law - Solicitation and award of contracts.
§61-103.2. Political subdivision may appoint purchasing agent.
§61-103.4. School districts – Erection of building or making improvements on force account basis.
§61-103.7. Contracts related to fish and wildlife conservation.
§61-105. Contents of bid notices.
§61-106. Bidding documents to be on file.
§61-107. Check, bond or irrevocable letter of credit to accompany bid.
§61-108. Written statement under oath to accompany bid.
§61-111. Time for awarding of contract.
§61-112. Bids, contracts, bonds open for public inspection.
§61-113. Execution of contract.
§61-113.1. See the following versions:
§61-113.1v1. Partial payment - Retainage.
§61-113.1v2. Partial payment - Retainage.
§61-113.2. Withdrawal of retainage - Deposit of securities.
§61-114. Conflict of interest.
§61-115. Collusion among bidders or material suppliers.
§61-116. Disclosure of terms of bids - Public agency engineering estimates.
§61-117. Award to other than lowest bidder.
§61-118. Prequalification of bidders.
§61-119.1. Certain contract to be negotiated when no bid is received.
§61-120. Assignment of contracts.
§61-121. Change orders or addenda.
§61-122. Taxpayer suits to enjoin execution of unlawful contracts.
§61-123. Supervisor's certification to accompany invoices - Exception.
§61-125. Accounting procedure.
§61-126. Construction on force account basis.
§61-127. Contracts made by a public entity - Applicability.
§61-128. Builder’s risk insurance.
§61-131. Splitting of contracts - Punishment and fine.
§61-134. Insurance or bond to be secured from carrier licensed in Oklahoma.
§61-136. Conflicts with federal rules and regulations - Laws governing.
§61-137. Termination of certain unperformed contracts.
§61-139. Authority to enter into cooperative purchasing agreements.
§61-201. Short title – Public Facilities Act.
§61-202. See the following versions:
§61-204. Office of Management and Enterprise Services - Duties.
§61-207.2. Architects, engineers or land surveyors - Employment.
§61-208.1. Contracting for construction services - Fee.
§61-208.2. State Construction Revolving Fund.
§61-208.3. Exempted entities - Compliance with act.
§61-210. Model shared savings contract.
§61-211. Selection of equipment on life cycle cost analysis basis.
§61-213. Public building energy and environmental performance program.
§61-215. Short title - Public Construction Management Act for Political Subdivisions.
§61-217. Construction managers – Written contract required – Procedure for awarding work.
§61-223. Construction contracts - Progress payments - Reduction.
§61-224. Payment of subcontractor or sub-contractor or supplier - Time limit.
§61-225. Suspension or termination of construction contract - Payment.
§61-226. Retainage of portion of payment due - Release.
§61-308. Oil or gas lease of lands of public institutions.
§61-310. Oil and gas leases upon described state-owned lands.
§61-311. Jurisdiction over lands covered by lease.
§61-314. Use of other state-owned lands by lessees.
§61-316. Payment of proceeds into Maintenance of State Buildings Revolving Fund.
§61-317. Oil and gas or mineral leases of state lands other than Capitol lands and parkways.
§61-318. Lease of property formerly occupied by Russell Girls Home.
§61-319. Purpose or use for which leased.
§61-322. Easement and right-of-way grants - Exemptions.
§61-324. Director to take charge, manage and lease Capitol Building Lands.
§61-325. Inventory and appraisal - Sale.
§61-326. Disposition of proceeds - Leases for oil and gas purposes.
§61-327. Procedures for disposal or lease of certain state-owned real property.
§61-327.1. Written proposals for state-owned properties not subject to disposition.
§61-327.2. Proposals for investment real property.
§61-330.1. Recording fee for Office of Management and Enterprise Services.