66-34-602 - Nonpayment Notice of intent to seek relief under chapter Remedies Attorney's fees Bond.
66-34-602. Nonpayment Notice of intent to seek relief under chapter Remedies Attorney's fees Bond.
(a) (1) A contractor who has not received payment from an owner, or a subcontractor, materialman or furnisher who has not received payment from a contractor or other subcontractor, materialman or furnisher, in accordance with the provisions of this chapter, shall notify the party failing to make payment of the provisions of this chapter and of the notifying party's intent to seek relief provided for within this chapter.
(2) The notification shall be made by registered or certified mail, return receipt requested.
(3) If the notified party does not, within ten (10) calendar days after receipt of such notice, make payment or provide to the notifying party a response giving adequate legal reasons for failure of the notified party to make payment, the notifying party may, in addition to all other remedies available at law or in equity, sue for equitable relief, including injunctive relief, for continuing violations of this chapter, in the chancery court of the county in which the real property is located.
(4) The failure to make the only payment due under the contract may be considered to be a continuing violation under this chapter.
(b) Reasonable attorney's fees may be awarded against the nonprevailing party; provided, that such nonprevailing party has acted in bad faith.
(c) A bond in double the amount claimed or ordered to be paid shall be filed with good sureties to be approved by the clerk prior to the issuance of any injunctive relief.
[Acts 1991, ch. 45, § 1.]