Section 228:49 Requested Maintenance and Repair Projects.
The commissioner may, on request of any city or town, perform work of maintenance and repair, including the furnishing of labor and materials, on any town or city road, bridge or any other property used in connection with highways, or on the request of any state department or institution, perform work of maintenance and repair, including the furnishing of labor and materials, on any property of any state department or institution, under the following conditions:
I. Upon completion of such work, the commissioner shall bill the town or city, state department or institution, therefor; and the municipality or agency shall pay said bill within 30 days after the receipt thereof. Interest at the rate of 6 percent per annum may be charged upon all bills not paid when due as herein prescribed, and the commissioner may refuse to perform further work of maintenance and repair for any municipality or agency delinquent in the payment of such bill.
II. The commissioner is authorized to purchase the necessary materials and supplies required for the performance of such work including the rental of equipment. The state treasurer upon presentation by the commissioner of manifests covering said materials, supplies and rentals is authorized to pay the same from any money in the highway fund not otherwise appropriated. The commissioner shall establish a special account within the highway fund to which shall be charged the cost of performing such work and to which shall be credited payments made by cities, towns, state departments and institutions hereunder. Insofar as such payments shall include charges for labor performed by personnel of the department of transportation and interest charges on delinquent accounts, these payments shall be credited to the highway fund.
III. Every workman on projects requested by cities and towns, except workmen employed by the department of transportation in its engineering force, shall be deemed to be in the employ of the city or town requesting the project and not in the employ of the state. Such city or town shall be responsible for any claims resulting from such employment.
IV. Every workman on projects requested by state departments or institutions, except workmen employed by the department of transportation in its engineering force, shall be deemed to be in the employ of the state department or institution requesting the project and not in the employ of the department of transportation. Such state department or institution shall be responsible for any claims resulting from such employment.
Source. RSA 229:22. 1959, 283:1. 1963, 82:1. 1981, 87:1. 1985, 402:6, I(a)(1).