Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/8-29-4.htm |
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Depth: | 0 singles |
Size: | 1,870 bytes |
Modified: | 1998-10-15 12:17:12 |
Categories: | -None- |
Title: | 8-29-4 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 8-29-4 Withholding application and certification for payment; withholding payment; notice. (a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following: (1) Unsatisfactory job progress. (2) Defective construction not remedied. (3) Disputed work. (4) Third party claims filed or reasonable evidence that a claim will be filed. (5) Failure of the contractor, subcontractor, or sub-subcontractor to make timely payments for labor, equipment, and materials. (6) Property damage to owner, contractor, or subcontractor. (7) Reasonable evidence that the contract, subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract or contract sum. (b) In the event that there is a bona fide dispute over all or any portion of the amount due on a progress payment from the owner, contractor, or subcontractor then the owner, contractor, or subcontractor may withhold payment in an amount not to exceed 2 times the disputed amount. (c) An owner is required to notify a contractor in writing within 15 days of receipt of any disputed request for payment. A contractor, subcontractor and sub-subcontractor is required to provide written notification within 5 days of disputed request for payment or notice of disputed request for payment. (Acts 1995, No. 95-380, p. 775, ยง4.) |