Section 436.356 – Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur.
Effective – 28 Aug 2005 436.356. Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur. — 1. In every action against a contractor arising from construction or substantial remodel of a residence, a claimant shall serve the contractor […]
Section 436.359 – Rejection of settlement offer by association governing board, effect of — meeting requirements.
Effective – 28 Aug 2005 436.359. Rejection of settlement offer by association governing board, effect of — meeting requirements. — 1. If an association’s governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 436.356, and upon written request by the contractor as part of said offer that […]
Section 436.362 – Mediation requirements.
Effective – 28 Aug 2005 436.362. Mediation requirements. — 1. At any time, either a claimant or contractor may offer to resolve a claim against a contractor through mediation. Mediation pursuant to this section shall be nonbinding and independently administered. The contractor and claimant shall mutually agree upon a qualified independent and neutral mediator and […]
Section 436.365 – Law not to restrict or inhibit other remedies or ability to contract.
Effective – 28 Aug 2005 436.365. Law not to restrict or inhibit other remedies or ability to contract. — 1. Nothing in sections 436.350 to 436.365 shall be construed to create a theory or cause of action upon which liability may be based or to limit any causes of action or remedies otherwise available to […]
Section 436.400 – Citation of law — applicability.
Effective – 28 Aug 2009 436.400. Citation of law — applicability. — The provisions of sections 436.400 to 436.520 shall be referenced as the “Missouri Preneed Funeral Contract Act” and shall apply only to preneed contracts entered into, and accounts created on or after, August 28, 2009, unless otherwise specified. ——– (L. 2009 S.B. 1)
Section 436.405 – Definitions.
Effective – 28 Aug 2011, 2 histories 436.405. Definitions. — 1. As used in sections 436.400 to 436.520, unless the context otherwise requires, the following terms shall mean: (1) “Beneficiary”, the individual who is to be the subject of the disposition or who will receive funeral services, facilities, or merchandise described in a preneed contract; […]
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 436.303 – Contract provisions — retainage.
Effective – 28 Aug 2002 436.303. Contract provisions — retainage. — A contract or agreement may include a provision for the retainage of a portion of any payment due from the owner to the contractor, not to exceed ten percent of the amount of such payment due pursuant to the contract or agreement, to ensure […]