Section 436.315 – Withholding of retainage prohibited, when.
Effective – 28 Aug 2002 436.315. Withholding of retainage prohibited, when. — A contractor shall not withhold from any subcontractor any retainage in excess of the retainage withheld from the contractor by the owner for the subcontractor’s work, unless the subcontractor’s performance is not in accordance with the terms of the subcontract, in which case, […]
Section 436.318 – Release of retainage, payment made.
Effective – 28 Aug 2002 436.318. Release of retainage, payment made. — Upon the release of retainage by the owner to the contractor, other than for substituted security pursuant to sections 436.306 and 436.312, the contractor shall pay to each subcontractor the subcontractor’s ratable share of the retainage released, provided that all conditions of the […]
Section 436.321 – Adjustment in retainage, when.
Effective – 28 Aug 2002 436.321. Adjustment in retainage, when. — If it is determined that a subcontractor’s performance has been satisfactorily completed and the subcontractor can be released prior to substantial completion of the entire project without risk to the owner involving the subcontractor’s work, the contractor shall request such adjustment in retainage, if […]
Section 436.324 – Release of retainage, when.
Effective – 28 Aug 2002 436.324. Release of retainage, when. — Within thirty days of the project reaching substantial completion, as defined in section 436.327, all retainage or substitute security shall be released by the owner to the contractor less an amount equal to one hundred fifty percent of the costs to complete any remaining […]
Section 436.327 – Substantial completion defined.
Effective – 28 Aug 2002 436.327. Substantial completion defined. — The project shall be deemed to have reached substantial completion upon the occurrence of the earlier of the architect or engineer issuing a certificate of substantial completion in accordance with the terms of the contract documents or the owner accepting the performance of the full […]
Section 436.330 – Subcontractor obligations.
Effective – 28 Aug 2002 436.330. Subcontractor obligations. — Subcontractors and sub-subcontractors of every tier shall comply with the provisions of sections 436.300 to 436.336 in their relations with their sub-subcontractors and suppliers and shall be bound by the same obligations to their sub-subcontractors and suppliers as contractors are to their subcontractors. ——– (L. 2002 […]
Section 436.263 – Violations, penalties.
Effective – 28 Aug 2021, 2 histories 436.263. Violations, penalties. — 1. Any individual who violates any provision of sections 436.215 to 436.272 is guilty of a class A misdemeanor and liable for a civil penalty not to exceed one hundred thousand dollars. 2. Any individual who knowingly violates any provision of sections 436.215 to […]
Section 436.266 – Uniformity considered in applying law.
Effective – 28 Aug 2021, 2 histories 436.266. Uniformity considered in applying law. — In applying and construing sections 436.215 to 436.272, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of sections 436.215 to 436.272 among states that enact it. ——– (L. 2004 S.B. […]
Section 436.272 – Moneys collected for certain violations to be transferred to general revenue.
Effective – 28 Aug 2004 436.272. Moneys collected for certain violations to be transferred to general revenue. — Any moneys collected by the director under section 436.263 shall immediately be transferred to the department of revenue for deposit in the state treasury to the credit of general revenue. ——– (L. 2004 S.B. 1122)
Section 436.300 – Private construction work contract payment requirements.
Effective – 28 Aug 2002 436.300. Private construction work contract payment requirements. — Notwithstanding any other law to the contrary, all parties to any contract or agreement for private construction work that is between any owner and any contractor, or between any contractor and any subcontractor, or between any subcontractor and any sub-subcontractor, or any […]