H0566B1928A07141 DMS:JSL 05/18/18 #90 A07141
AMENDMENTS TO HOUSE BILL NO. 566
Sponsor: SENATOR MENSCH
Printer's No. 1928
Amend Bill, page 4, lines 5 through 25, by striking out all
of said lines and inserting
(e) Suspension of performance.--
(1) If payment is not received by a contractor in
accordance with this section, the contractor shall have the
right to suspend performance of any work, without penalty,
until payment is received according to the terms of the
construction contract. Any procedure in a construction
contract that exceeds the procedure in paragraph (2) shall be
unenforceable.
(2) Suspension of performance in a construction contract
may occur in accordance with paragraph (1) or if:
(i) payment has not been made to the contractor in
accordance with the schedule established under subsection
(c);
(ii) at least 30 calendar days have passed since the
end of the billing period for which payment has not been
received according to the terms of the construction
contract, the contractor shall provide written notice to
the owner or the owner's authorized agent, via electronic
mail or postal service, stating that payment has not been
made; and
(iii) at least 30 calendar days have passed since
the written notice in subparagraph (ii) has been sent,
the contractor shall provide at least 10 calendar days'
written notice, via certified mail, of the contractor's
intent to suspend performance to the owner or the owner's
authorized agent.
Amend Bill, page 6, lines 10 through 30; page 7, line 1; by
striking out all of said lines on said pages and inserting
(e) Suspension of performance.--
(1) If payment is not received by a subcontractor in
accordance with this section, the subcontractor shall have
the right to suspend performance of any work, without
penalty, until payment is received according to the terms of
the construction contract. Any procedure in a construction
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contract that exceeds the procedure in paragraph (2) shall be
unenforceable.
(2) Suspension of performance in a construction contract
may occur in accordance with paragraph (1) or if:
(i) payment has not been made to the subcontractor
in accordance with the schedule established under
subsection (c);
(ii) at least 30 calendar days have passed since the
end of the billing period for which payment has not been
received according to the terms of the construction
contract, the subcontractor shall provide written notice
to the contractor or contractor's authorized agent, via
electronic mail or postal service, stating that payment
has not been made; and
(iii) at least 30 calendar days have passed since
the written notice in subparagraph (ii) has been sent,
the subcontractor shall provide at least 10 calendar
days' written notice, via certified mail, of the
subcontractor's intent to suspend performance to the
owner or the owner's authorized agent.
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