28-2-2117. Suspension of performance — termination
28-2-2117. Suspension of performance — termination. (1) (a) A contractor may suspend performance under a construction contract for failure by the owner to make timely payment of the amount approved pursuant to 28-2-2103, and the contractor may terminate the construction contract if the payment obligations are not satisfied within 30 days of suspension. (b) A contractor shall provide […]
28-2-2201. Residential construction contracts — disclosure and warranty requirements
28-2-2201. Residential construction contracts — disclosure and warranty requirements. (1) For the purposes of this section, “residential construction contract” means a contract between a general contractor and an owner for the construction of a new residence. (2) All residential construction contracts that are subject to the provisions of this section must be in writing and must contain […]
28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences
28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences. (1) This section applies only to the sale of a newly constructed residence that has not been previously occupied and where the seller is the builder or a developer who has built or had the residence built for the purpose of resale. (2) A builder or […]
28-2-2104. Obligations upon delay of payment
28-2-2104. Obligations upon delay of payment. (1) If a periodic or final payment that is required by a construction contract to be paid by an owner to a contractor is delayed by more than 30 days from the date the payment is required by the contract to be made, the owner shall pay to the contractor […]
28-2-2105. Prevailing party entitled to costs and attorney fees
28-2-2105. Prevailing party entitled to costs and attorney fees. In a civil action on a contract to enforce an obligation imposed by this part, the prevailing party is entitled to reasonable attorney fees and costs, both for trial and appeal. If the parties to a construction contract or subcontract use arbitration, the arbitrator may award fees […]
28-2-2106. Remedies not exclusive
28-2-2106. Remedies not exclusive. The remedies provided by this part are not exclusive of any other remedy provided by law or contract. History: En. Sec. 8, Ch. 470, L. 1999.
28-2-2107. Exception for certain residential dwellings
28-2-2107. Exception for certain residential dwellings. The provisions of this part do not apply to residential projects or improvements to real property intended for residential purposes with a total cost of less than $400,000. History: En. Sec. 9, Ch. 470, L. 1999; amd. Sec. 2, Ch. 364, L. 2001.
28-2-2108. and 28-2-2109 reserved
28-2-2108 and 28-2-2109 reserved.
28-2-2110. Limit on retainage
28-2-2110. Limit on retainage. (1) The maximum retainage applied to construction contracts subject to the provisions of this part may not exceed 5%. (2) The retainage percentage withheld by an owner, as provided in subsection (1), from a construction contractor is the maximum retainage that a construction contractor may withhold from a subcontractor. (3) Retainage must be released […]
28-2-2111. Construction contract indemnification provisions
28-2-2111. Construction contract indemnification provisions. (1) Except as provided in subsections (2) and (3), a construction contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party’s officers, employees, or agents for liability, damages, losses, or costs that are caused by […]