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.