Effective - 28 Aug 1999
431.180. Contract for private design or construction work, scheduled payments — action for failure to pay, interest — arbitration — application. — 1. All persons who enter into a contract for private design or construction work after August 28, 1995, shall make all scheduled payments pursuant to the terms of the contract.
2. Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against a person who has failed to pay. The court may in addition to any other award for damages, award interest at the rate of up to one and one-half percent per month from the date payment was due pursuant to the terms of the contract, and reasonable attorney fees, to the prevailing party. If the parties elect to resolve the dispute by arbitration pursuant to section 435.350, the arbitrator may award any remedy that a court is authorized to award hereunder.
3. The provisions of this section shall not apply to contracts for private construction work for the building, improvement, repair or remodeling of owner-occupied residential property of four units or less.
4. For purposes of this section, design or construction work shall include design, construction, alteration, repair or maintenance of any building, roadway or other structure or improvement to real property, or demolition or* excavation connected therewith, and shall include the furnishing of surveying, architectural, engineering or landscape design, planning or management services, labor or materials, in connection with such work.
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(L. 1995 S.B. 93, A.L. 1999 H.B. 343)
*Word "of" appears in original rolls.
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Chapter 431 - General Provisions as to Contracts
Section 431.010 - Private seals abolished.
Section 431.020 - Instrument of writing to import consideration — due and payable as specified.
Section 431.030 - Provisions limiting time for bringing suits prohibited.
Section 431.040 - Fraud in sale of nursery stock — damages recoverable.
Section 431.050 - Failure of nurserymen to deliver at proper time and season, contract voidable.
Section 431.055 - Persons competent to contract when eighteen years of age.
Section 431.061 - Consent to surgical or medical treatment, who may give, when.
Section 431.063 - Implied consent, when valid — lack of consent, when excused — emergency defined.
Section 431.065 - Minor spouse or parent may give consent, when.
Section 431.067 - Contracts of minors to borrow money for higher education — validity.
Section 431.070 - Contracts with counties, effect.
Section 431.080 - Suit may be instituted thereon.
Section 431.090 - County commission may appoint agent to contract for county.
Section 431.100 - Claims against county for work and labor.
Section 431.110 - Joint contracts to be construed as joint and several.
Section 431.120 - Joint debt shall survive, against whom.
Section 431.130 - Survival of debt, against whom.
Section 431.140 - Joint obligations — suit brought against whom.
Section 431.150 - Creditor may compound with one of several debtors — release — what sums.
Section 431.160 - Assignor shall not release demand, when — title of assignee.
Section 431.170 - Action against assignor by assignee, when.
Section 431.202 - Employment covenants enforceable, when — reasonability presumption.