95-08Posted on May 4, 1995 in Formal Opinions
Opinion Letter No. 95-08
May 4, 1995
Records Maintained by Contractor Pursuant to State Contract
Gusalino Brothers Construction, Inc., (“Contractor”) physically holds records which were created pursuant to a contract with the State. The State Department of Transportation (“DOT”) is deemed to “administratively control” the records because it retains the contractual right to inspect and copy the records at any time before final payment, and for three years thereafter. Therefore, based on the contractual provisions giving the State the right to inspect and copy records, the OIP concluded that the DOT maintained government records physically held by the Contractor. Therefore, these records are subject to the UIPA.