North Dakota Code 24-02-13 – Payment of estimates on contract or deposits in condemnation
Whenever any estimate or allowance for payment, except a final estimate or payment subsequent to a final estimate, is allowed, or granted, on a contract entered into by the department, or a deposit is to be made with the clerk of district court in a condemnation proceeding, and the estimate is vouchered by the department for presentation to the office of management and budget, instead of submitting the estimate to the contractor or clerk of district court for certification, the director of the department or the director’s authorized designee shall make the following certificate, in lieu of the certificate otherwise required by law, which must be printed on the voucher or claim:
Terms Used In North Dakota Code 24-02-13
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of transportation of this state as provided by section 24-02-01. See North Dakota Code 24-01-01.1
- Director: means the director of the department of transportation of this state, acting directly or through authorized agents as provided in section 24-02-01. See North Dakota Code 24-01-01.1
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
Estimate certificate. I hereby certify that the within estimate or claim is just and true, that the contractor herein named has rendered the services and furnished the material herein charged, that they are of the value claimed, that no part thereof has been paid, and that the foregoing estimate or claim is supported by a proper contract and bond on file in the department or that the purpose of the payment to a clerk of district court is pursuant to law and for the taking of property by condemnation.
Director, Department of Transportation After a certified estimate or deposit with a clerk of district court has been approved for payment by the director, the same must be presented to the office of management and budget for payment. The office of management and budget thereupon shall prepare and issue a warrant therefor signed by the state auditor without submitting the voucher or claim to the office of the budget for examination and allowance. The foregoing procedure does not apply to the final estimate or allowance to a contractor, nor to any estimate or allowance subsequent or supplemental to the final estimate, but the final estimate or supplemental allowance must conform to the provisions of law relative to the certification and approval of any other claim or demand; nor does the procedure apply to payments to property owners involved in the taking of property in any condemnation proceeding.