US Lawyer Database

§ 66-34-203. Withholding of Payment or Retainage by Owner

This chapter does not prevent the owner from reasonably withholding payment or a portion of a payment to the prime contractor, as long as the withholding is in accordance with the written contract between the owner and the prime contractor. The owner may also withhold a reasonable amount of retainage as specified in the written […]

§ 66-34-204. Payment of Retainage by Owner

When an owner: Has received a use and/or occupancy permit for an improvement from a governmental agency lawfully issuing such permit; Has received a certificate of substantial completion  from an architect or engineer charged with supervision of the construction of an improvement; or Begins to use or could have begun to use an improvement; the […]

§ 66-34-205. Sums Intended as Payment to Be Held in Trust

Any sums allocated by the owner or provided or committed to the owner by a third party that are intended to be used as payment for improvements made to real property by virtue of a written contract between the owner and the prime contractor must be held by the owner or third party in trust […]

§ 66-34-303. Withholding of Payment or Retainage by Prime Contractor

This chapter does not prevent the prime contractor from reasonably withholding payment or a portion of payment to the remote contractor, as long as the withheld payment is in accordance with the written contract between the prime contractor and the remote contractor. The prime contractor may also withhold a reasonable amount of retainage as specified […]

§ 66-34-304. Payments to Be Held in Trust by Prime Contractor

Any sums received by the prime contractor as payment for work, services, equipment, and materials supplied by the remote contractor for improvements to real property must be held by the prime contractor in trust for the benefit and use of the remote contractor, and are subject to all legal and equitable remedies.