DEFINITIONS

In this subchapter: (1) "Governmental entity" means: (A) the state, a county, or a municipality; (B) a department, board, or agency of the state, a county, or a municipality; (C) a school district or a subdivision of a school district; or (D) any other governmental or quasi-governmental authority authorized by statute to make a public works contract. (2) "Prime contractor" means a person or persons, firm, or corporation contracting with a governmental entity for a public work. (3) "Public works" includes the construction, alteration, or repair of a public building or the construction or completion of a public work. (4) "Public works contract payment" means a payment by a governmental entity for the value of labor, material, machinery, fixtures, tools, power, water, fuel, or lubricants used or consumed, ordered and delivered for use or consumption, or specially fabricated for use or consumption but not yet delivered, in the direct performance of a public works contract. (5) "Retainage" means the percentage of a public works contract payment withheld by a governmental entity to secure performance of the contract. (6) "Warranty period" means the period of time specified in a contract during which certain terms applicable to the warranting of work performed under the contract are in effect.