SB 0093 Private Construction Contract, Lawsuit, Award, Defenses
Committee:LAIRLR Number:S0391.01T
Last Action:07/05/95 - Signed by Governor
Effective Date:August 28, 1995
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Current Bill Summary

SB 93 - This act provides protection for contractors, subcontractors and suppliers on private construction jobs.

Payments are required to be made according to the construction contract. Failure to do so enables the unpaid party to bring an action in court and receive damages, interest and attorney fees. Arbitration is allowed, and all remedies available in a court are available to the arbitrator. Private construction work on owner-occupied residential property of four units or less is exempted from this act. This area is presently covered under Chapter 429 RSMo, (Mechanics' and Materialmen's Lien).

Conditioning a payment from a contractor to a subcontractor or supplier upon receipt of payment from a private owner to the contractor is no defense to the application of a mechanic's lien pursuant to Chapter 429, RSMo, but it may be a defense to a claim for payment under the contract.