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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 201-A. CONSTRUCTION CONTRACTS (HEADING. PL 1993, c. 461, @1 (new))
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Title 10 - §1112. Application
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1112. Application
This chapter does not apply to contracts entered into by the Department of Transportation.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1113. Owner's payment obligations
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1113. Owner's payment obligations
Payment to a contractor for work is subject to the following terms.
[1993, c. 461, §1 (new).]
1. Contractual agreements. The owner shall pay the contractor strictly in accordance with the terms of the construction contract.
[1993, c. 461, §1 (new).]
2. Invoices. If the construction contract does not contain a provision governing the terms of payment, the contractor may invoice the
owner for progress payments at the end of the billing period. The contractor may submit a final invoice for payment in full
upon completion of the agreed upon work.
[1993, c. 461, §1 (new).]
3. Invoice payment terms. Except as otherwise agreed, payment of interim and final invoices is due from the owner 20 days after the end of the billing
period or 20 days after delivery of the invoice, whichever is later.
[1993, c. 461, §1 (new).]
4. Delayed payments. Except as otherwise agreed, if any progress or final payment to a contractor is delayed beyond the due date established
in subsection 3, the owner shall pay the contractor interest on any unpaid balance due beginning on the 21st day, at an interest
rate equal to that specified in Title 14, section 1602-C.
[2003, c. 460, §1 (amd).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
PL 2003,
Ch. 460,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1114. Contractor's and subcontractor's payment obligations
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1114. Contractor's and subcontractor's payment obligations
Payment to a subcontractor for work is subject to the following conditions.
[1993, c. 461, §1 (new).]
1. Contractual agreements. The contractor or subcontractor shall pay a subcontractor or material supplier strictly in accordance with the terms of
the subcontractor's or material supplier's contract.
[1993, c. 461, §1 (new).]
2. Disclosure. Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor or material supplier
the due date for receipt of payments from the owner before a contract between those parties is entered. Notwithstanding any
other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor
or material supplier, the contractor or subcontractor is obligated to pay the subcontractor or material supplier as though
the 20-day due dates in section 1113, subsection 3 were met.
[2001, c. 471, Pt. A, §13 (amd).]
3. Invoices. Notwithstanding any contrary agreement, when a subcontractor or material supplier has performed in accordance with the provisions
of a contract, a contractor shall pay to the subcontractor or material supplier, and each subcontractor shall in turn pay
to its subcontractors or material suppliers, the full or proportional amount received for each subcontractor's work and materials
based on work completed or service provided under the subcontract, 7 days after receipt of each progress or final payment
or 7 days after receipt of the subcontractor's or material supplier's invoice, whichever is later.
[1993, c. 461, §1 (new).]
4. Delayed payments. Notwithstanding any contrary agreement, if any progress or final payment to a subcontractor or material supplier is delayed
beyond the due date established in subsection 2 or 3, the contractor or subcontractor shall pay its subcontractor or material
supplier interest on any unpaid balance due beginning on the next day, at an interest rate equal to that specified in Title
14, section 1602-C.
[2003, c. 460, §2 (amd).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
PL 2001,
Ch. 471,
§A13
(AMD).
PL 2003,
Ch. 460,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1115. Errors in documentation
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1115. Errors in documentation
1. Invoice errors. If an invoice is filled out incorrectly or incompletely or if there is any defect or impropriety in an invoice submitted,
the owner, contractor or subcontractor must contact the person submitting the invoice in writing within 10 working days of
receiving the invoice. If the contractor or subcontractor does not notify the person submitting the invoice within 10 days,
the documentary errors are deemed waived.
[1993, c. 461, §1 (new).]
2. Timely payment requirements. All timely payment requirements of this chapter apply, regardless of the dates invoices are corrected, whenever the person
submitting the invoice has completed the work in a timely manner.
[1993, c. 461, §1 (new).]
3. New billing period. If an error on the invoice is corrected by the person submitting the invoice, the date on which the corrected invoice is
delivered is the end of the billing period.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1116. Retainage
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1116. Retainage
1. Payment. If payments under a construction contract are subject to retainage, any amounts retained during the performance of the contract
and due to be released to the contractor upon completion must be paid within 30 days after final acceptance of the work.
[1993, c. 461, §1 (new).]
2. Retainage for subcontractors. If an owner is not withholding retainage for a subcontractor's work, a contractor may withhold retainage from its subcontractor
or material supplier in accordance with their agreement. The retainage must be paid within 30 days of final acceptance of
the work.
[1993, c. 461, §1 (new).]
3. Payment of retainage to subcontractors. Notwithstanding any contrary agreement, a contractor shall pay to its subcontractors or material suppliers and each subcontractor
shall in turn pay to its subcontractors or material suppliers, within 7 days after receipt of the retainage, the full amount
due to each subcontractor or material supplier.
[1993, c. 461, §1 (new).]
4. Withholding retainage. If a contractor or subcontractor unreasonably withholds acceptance of the work or materials or fails to pay retainage as
required by this section, the owner, contractor or subcontractor is subject to the interest, penalty and attorney's fees provisions
of this chapter.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1117. Prepayment or advance payment
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1117. Prepayment or advance payment
This chapter in no way may be construed to prohibit an owner, contractor or subcontractor from making advance payments, progress
payments or from prepaying if agreements or other circumstances make those payments appropriate. All such payments must be
made promptly and are subject to the interest, penalty and other provisions of this chapter.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1118. Disputes; penalties; attorney's fees
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1118. Disputes; penalties; attorney's fees
1. Withholding payment. Nothing in this chapter prevents an owner, contractor or subcontractor from withholding payment in whole or in part under
a construction contract in an amount equalling the value of any good faith claims against an invoicing contractor, subcontractor
or material supplier, including claims arising from unsatisfactory job progress, defective construction or materials, disputed
work or 3rd-party claims.
[1993, c. 461, §1 (new).]
2. Penalty. If arbitration or litigation is commenced to recover payment due under the terms of this chapter and it is determined that
an owner, contractor or subcontractor has failed to comply with the payment terms of this chapter, the arbitrator or court
shall award an amount equal to 1% per month of all sums for which payment has wrongfully been withheld, in addition to all
other damages due and as a penalty.
[1993, c. 461, §1 (new).]
3. Wrongful withholding. A payment is not deemed to be wrongfully withheld if it bears a reasonable relation to the value of any claim held in good
faith by the owner, contractor or subcontractor against which an invoicing contractor, subcontractor or material supplier
is seeking to recover payment.
[1993, c. 461, §1 (new).]
4. Attorney's fees. Notwithstanding any contrary agreement, the substantially prevailing party in any proceeding to recover any payment within
the scope of this chapter must be awarded reasonable attorney's fees in an amount to be determined by the court or arbitrator,
together with expenses.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1119. Contracts involving federal funds
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1119. Contracts involving federal funds
Notwithstanding any provision of this chapter, language at variance to the requirements of this chapter may be included in
contracts when that variance is required by any law, regulation or grant agreement conditioning the receipt or expenditure
of federal aid.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1120. Owner exclusion
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 201-A: CONSTRUCTION CONTRACTS (HEADING: PL 1993, c. 461, @1 (new))
§1120. Owner exclusion
This chapter does not apply to contracts for the purchase of materials by a person performing work on that person's own real
property.
[1993, c. 461, §1 (new).]
Section History:
PL 1993,
Ch. 461,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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