66-34-202 - Application for payment for work Review of application by owner's agent.

66-34-202. Application for payment for work Review of application by owner's agent.

(a)  If a contractor has performed in accordance with the provisions of the contractor's written contract with the owner, then the owner shall pay to the contractor the full amount earned by the contractor, less only those amounts withheld in accordance with the provisions of § 66-34-203. The payment shall be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the contractor to the owner, in accordance with the schedule.

(b)  Failure of an architect, engineer or other agent employed by the owner to review and approve an application for payment for work which has been performed in accordance with the contract shall not excuse the owner from making payment in accordance with this chapter. This section shall not require payment if an architect has certified that a contractor has not completed performance.

[Acts 1991, ch. 45, § 1; 2006, ch. 944, § 1.]