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 436.315 – 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 […]