Sec. 05.04.03.09. Construction Process

A. General.

(1) Construction may not begin before the loan closing. Commencement of work before closing shall constitute an event of default under the loan documents. Except as may be otherwise approved pursuant to these regulations, construction shall be completed within 4 months of the loan closing.

(2) Work done, materials supplied, and construction procedures shall comply with the approved plan, the contract, and all applicable laws, local codes, ordinances, and regulations.

(3) There shall be no modifications of the contract without the prior written consent of the Department as evidenced by an approved change order executed by the contractor and the borrower and approved by the Department as well as MDH, and MOSHA, as applicable.

(4) The Department, through a designated agent, shall be given access to the migratory labor camp property during the normal business hours for the purpose of inspection or for any other lawful purpose.

B. Disbursement.

(1) All disbursements of the loan shall be made:

(a) In accordance with a draw schedule approved before the loan closing;

(b) Only for work completed and in place, as determined by the Department;

(c) Only upon receipt of a certification by the borrower and the contractor of the costs for which loan funds are requested; and

(d) With respect to loans of less than $50,000, only upon receipt of a waiver of liens from all contractors, subcontractors, and materialmen under the contract for all work performed or materials included in the last previous request for disbursement within 30 days from the date of funding of the previous request for disbursement or before the next request for disbursement, whichever is earlier.

(2) The Department may not make any advances.

(3) The Department shall issue final payment after:

(a) The Department receives a certificate of completion executed by the borrower and the contractor certifying that all work has been completed and paid for in accordance with the contract;

(b) The Department makes a final inspection of the work performed and receives and approves the certificate of completion;

(c) The Department has verified and reconciled all disbursements and receipts or deposits by the borrower which may be required by the Department;

(d) The Department receives a certification by MDH and MOSHA that the improvements have been completed in accordance with the plan; and

(e) With respect to loans of less than $50,000 the Department receives final waivers of liens from all contractors, subcontractors, and materialmen under the contract.

(4) Any funds remaining in the loan account after final disbursement shall be applied to reduce the principal balance of the loan.