Printable Format16-1805. Suspension of performance, when. If any undisputed payment is not made within seven business days after the payment date established in a contract for private construction or in this act, the contractor and any subcontractors, regardless of tier, upon seven additional business days' written notice to the owner and, in the case of a subcontractor, written notice to the contractor, shall, without prejudice to any other available remedy, be entitled to suspend further performance until payment, including applicable interest, is made. The contract time for each contract affected by the suspension shall be extended appropriately and the contract sum for each affected contract shall be increased by the suspending party's reasonable costs of demobilization, delay and remobilization.
History: L. 2005, ch. 156, § 5; July 1.
Law Review and Bar Journal References:
“The Fairness in Private Construction Contract Act: Legislative Fairness or Oxymoron?” Christopher F. Burger, 75 J.K.B.A. No. 5, 22 (2006).
CASE ANNOTATIONS
1. Request for attorney fees and costs properly denied because the amount due under contract was in dispute. Midwest Asphalt Coating v. Chelsea Plaza Homes, 45 K.A.2d 119, 243 P.3d 1106 (2010).