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MI SB1020

Bill

Status

Introduced

4/27/2022

Primary Sponsor

Dan Lauwers

Click for details

Origin

Senate

101st Legislature

AI Summary

  • Requires owner-to-contractor construction contracts to include a 30-day payment clause, proof of sufficient funds, and 12% annual interest on wrongfully withheld amounts that compounds monthly.

  • Mandates contractor-to-subcontractor/supplier contracts include a 7-day payment clause and 12% annual interest on late payments, with disputed amounts placed in interest-bearing escrow accounts after 30 days of dispute.

  • Prohibits owners from retaining percentages of progress payments for satisfactory work and voids contract provisions that require contractors to assume owner nonpayment risk, waive litigation rights, or submit disputes outside Michigan.

  • Applies only to private commercial construction projects (apartments, offices, hotels, retail, industrial, mixed-use buildings) and excludes public works and residential dwellings of fewer than 7 units.

  • Allows the substantially prevailing party in payment disputes to recover reasonable attorney fees, arbitration costs, and expert witness expenses from the losing party.

Legislative Description

Construction: contracts; prompt payment law; establish for contractors to pay subcontractors and suppliers in a timely manner. Creates new act.

Construction: contracts

Last Action

Referred To Committee On Economic And Small Business Development

4/27/2022

Committee Referrals

Economic And Small Business Development4/27/2022

Full Bill Text

No bill text available