9-42-13. Payment due on occupancy of improvement before completion.
In the event the governing body elects to use and occupy the public improvement before completion, the governing body shall pay all amounts due under the contract except double the amount its architect or engineer shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until thirty days after said work has been fully completed.
Source: SDC 1939, §45.1505 as added by SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, §2.