Section 10852 Of Article 8. Modifications; Performance; Payment From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2.5. >> Article 8.
10852
. At the request and expense of the contractor, and with the
approval of the trustees, any amount withheld pursuant to Section
10851 may be deposited with the Treasurer as the escrow agent, who
shall pay such moneys to the contractor upon the placing of
securities eligible for the investment of state funds under Section
16430 of the Government Code or bank certificates of deposit into
such escrow account by the contractor.
"Approval of the trustees," as used in this section, means that
the trustees may, in their discretion, allow or deny the request of
the contractor to avail itself of the provisions of this section and
that the trustees may, in their discretion, allow the request of the
contractor upon the satisfaction of conditions which may be specified
by the trustees.
The contractor shall be beneficial owner of any securities in an
escrow account pursuant to this section and shall receive any
interest thereon.
Any escrow agreement entered into pursuant to this section shall
contain as a minimum, the following provisions:
(a) The amount of securities to be deposited; such amount shall
not be less than the amount which would otherwise be withheld
pursuant to Section 10851;
(b) The terms and conditions of conversion to cash in case of the
default of the contractor; and
(c) The termination of the escrow upon completion of the contract.