House File 381 H-1194 Amend House File 381 as follows: 1 1. By striking page 2, line 26, through page 3, 2 line 12, and inserting: 3 < 4. For a contract for private construction, if the 4 owner fails to pay the contractor by the date payment 5 is due pursuant to the contract, the owner shall pay 6 interest to the contractor beginning on the first day 7 after payment is due, computed at the rate of eighteen 8 percent per annum. 9 5. For a contract for private construction, a 10 contractor shall pay a subcontractor any amounts 11 due within seven business days of whichever of the 12 following is later: 13 a. Receipt of payment by the contractor from the 14 owner, including payment of retainage, if retainage is 15 released by the owner. 16 b. The date payment to the subcontractor is due 17 pursuant to the contract. 18 6. If a contractor fails to pay a subcontractor 19 pursuant to subsection 5, the contractor shall pay 20 interest to the subcontractor beginning on the first 21 business day after payment becomes due, computed at the 22 rate of eighteen percent per annum. > 23 2. Page 3, line 13, by striking < 6 and 7 > and 24 inserting < 5 and 6 > 25 3. Page 3, lines 28 and 29, by striking < in a 26 contract for private construction or > 27 4. By striking page 6, line 10, through page 7, 28 line 1, and inserting: 29 < 3. For a contract for public construction, if the 30 owner fails to pay the contractor by the date payment 31 is due pursuant to the contract, the owner shall pay 32 interest to the contractor beginning on the first day 33 after payment is due, computed at the rate of eighteen 34 percent per annum. 35 4. For a contract for public construction, a 36 contractor shall pay a subcontractor any amounts 37 due within seven business days of whichever of the 38 following is later: 39 a. Receipt of payment by the contractor from the 40 owner. 41 b. The date payment to the subcontractor is due 42 pursuant to the contract. 43 5. If a contractor fails to pay a subcontractor 44 pursuant to subsection 4, the contractor shall pay 45 interest to the subcontractor beginning on the first 46 business day after payment becomes due, computed at the 47 rate of eighteen percent per annum. > 48 5. Page 7, line 2, by striking < 6 and 7 > and 49 inserting < 4 and 5 > 50 -1- HF381.996 (5) 84 je/rj 1/ 2 #1. #2. #3. #4.
6. Page 7, lines 6 and 7, by striking < in a 1 contract for public construction or > 2 7. By renumbering as necessary. 3 ______________________________ COMMITTEE ON COMMERCE SODERBERG of Plymouth, Chairperson -2- HF381.996 (5) 84 je/rj 2/ 2 #6. #7.