109.8 Final Acceptance and Payment (for Sec 109.8)

In addition to confirmation of final quantities, all other adjustments to the contract amount should be reviewed and verified prior to making final payment to the contractor. See EPG 105.15.2 for guidance on the Final Acceptance process.

Contractor's Affidavit Regarding Settlement of Claims (C-242)

Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions

Addressing claims from creditors (e.g. supplier, sub, etc.) against the prime contractor:

Intervening in pay disputes between the prime and their creditors should be limited to facilitation efforts by the RE. The RE should contact the prime, discuss details of the payment issue, and advise of Missouri’s Prompt Payment Law if there is not a valid reason for their delay in payment. If no resolution can be facilitated, provide the creditor with the Surety’s name and contact information, as listed in the contract bond. Also, note the name and nature of the dispute for a reference when the C-242 is received at the completion of the job. Pay retainage should not be withheld from the estimate because of a creditor claim. Payments should not be made to the Surety unless the contract is declared to be in default and the Surety submits a formal letter requesting all future contractor payments go directly to them. If the dispute is not resolved prior to the Final Inspection, provide the contractor with the Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions form so that they can list all pay disputes and state the reason why full payment was not made. Contact the Division of Construction and request authorization to close out the job despite the unsettled claim(s). Projects will typically be authorized for closure unless the dispute is deemed to directly involve the Commission. If the pay dispute involves a Disadvantaged Business Enterprise (DBE), advise Business Development and Compliance of the details surrounding the dispute.