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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

previous next Effective - 28 Aug 2002bottom

  436.333.  Unenforceability of contracts entered into after August 28, 2002. — A contract or agreement formed after August 28, 2002, shall be unenforceable to the extent that its provisions are inconsistent with sections 436.300 to 436.336. If retainage is withheld in violation of sections 436.300 to 436.360, a court may, in addition to any other award for damages, award interest at the rate of up to one and one-half percent per month from the date of such wrongful or improper withholding of retainage.  In any action brought to enforce sections 436.300 to 436.336, a court may award reasonable attorney's fees to the prevailing party.  If the parties elect to resolve the dispute by arbitration pursuant to section 435.350*, the arbitrator may award any remedy that a court is authorized to award.

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(L. 2002 H.B. 1403)

*Section number "436.350" appears in original rolls.


---- end of effective   28 Aug 2002 ----

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