431.180. Contract for private design or construction work, scheduled payments--action for failure to pay, interest--arbitration--application.

MISSOURI STATUTES AND CODES

431.180. Contract for private design or construction work, scheduled payments--action for failure to pay, interest--arbitration--application.

Contract for private design or construction work, scheduledpayments--action for failure to pay,interest--arbitration--application.

431.180. 1. All persons who enter into a contract for private designor construction work after August 28, 1995, shall make all scheduledpayments pursuant to the terms of the contract.

2. Any person who has not been paid in accordance with subsection 1of this section may bring an action in a court of competent jurisdictionagainst a person who has failed to pay. The court may in addition to anyother award for damages, award interest at the rate of up to one andone-half percent per month from the date payment was due pursuant to theterms of the contract, and reasonable attorney fees, to the prevailingparty. If the parties elect to resolve the dispute by arbitration pursuantto section 435.350, RSMo, the arbitrator may award any remedy that a courtis authorized to award hereunder.

3. The provisions of this section shall not apply to contracts forprivate construction work for the building, improvement, repair orremodeling of owner-occupied residential property of four units or less.

4. For purposes of this section, design or construction work shallinclude design, construction, alteration, repair or maintenance of anybuilding, roadway or other structure or improvement to real property, ordemolition or* excavation connected therewith, and shall include thefurnishing of surveying, architectural, engineering or landscape design,planning or management services, labor or materials, in connection withsuch work.