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 […]
28-2-2107. 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 […]
28-2-2112. through 28-2-2114 reserved
28-2-2112 through 28-2-2114 reserved.
28-2-2115. Alternative billing cycle
28-2-2115. Alternative billing cycle. (1) A construction contract may provide for a billing cycle other than a monthly billing cycle if the construction contract specifically sets forth another billing cycle and either of the following applies: (a) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in […]
28-2-2116. Construction contracts — void provisions
28-2-2116. Construction contracts — void provisions. (1) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract for a project in this state and that makes the contract subject to the laws of another state or that requires any litigation, arbitration, or other dispute resolution proceeding arising from a dispute […]