Sec. 9500.3. Interest eligibility

(a) With the exception of the payments described in subdivision (b) of this section, every payment owed by the trust to a contractor pursuant to a contract is eligible for interest whenever the payment is not made by the required payment date, unless failure to make such payment is the result of a lien, attachment or other legal process against the money due to the contractor.

(b) Payments are not eligible for interest under this Part when they are due and owing:

(1) under the Eminent Domain Procedure Law;

(2) as interest allowed on judgments rendered by a court pursuant to any provision of law;

(3) to the Federal government; to any State agency or its instrumentalities; to any duly constituted unit of local government, including but not limited to counties, cities, towns, villages, school districts, special districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity;

(4) in situations where the trust exercises a legally authorized set-off against all or part of the payment due the contractor; or

(5) in situations where payments are processed through the State Department of Audit and Control, the Department of Taxation and Finance or any other entity not under the control of the trust.