431.180. Contract for private design or construction work, scheduled payments — action for failure to pay, interest — arbitration — application. — 1. All persons who enter into a contract for private design or construction work after August 28, 1995, shall make all scheduled payments pursuant to the terms of the contract.
2. Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against a person who has failed to pay. The 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 payment was due pursuant to the terms of the contract, and reasonable attorney 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 hereunder.
3. The provisions of this section shall not apply to contracts for private construction work for the building, improvement, repair or remodeling of owner-occupied residential property of four units or less.
4. For purposes of this section, design or construction work shall include design, construction, alteration, repair or maintenance of any building, roadway or other structure or improvement to real property, or demolition or* excavation connected therewith, and shall include the furnishing of surveying, architectural, engineering or landscape design, planning or management services, labor or materials, in connection with such work.
Notes of Decisions
Vance Bros., Inc. v. Obermiller Constr. Servs., Inc., 181 S.W.3d 562 (Mo. 2006).
· cites it 20× “Prior to trial, however, the parties stipulated that they would allow the pleadings to be amended to include a prayer for attorney fees pursuant to section 431.180. 2 The parties also agreed that the trial judge would decide attorney fees after the jury’s verdict.”
Glenstone Block Co. v. Pebworth, 264 S.W.3d 703 (Mo. Ct. App. 2008).
· cites it 12× “Pebworth for any interest and section 431.180, upon which the trial court relied, “did not apply in that any agreement between Respondent and [Mr.”
Scott v. Blue Springs Ford Sales, Inc., 215 S.W.3d 145 (Mo. Ct. App. 2006).
· cites it 4× “1, with respect to the trial court’s discretion to award attorney’s fees, is the mandate that in determining the amount of an award, the trial court is required to consider “the amount of time reasonably expended” by the prevailing party’s attorney.”
Env't Energy Partners, Inc. v. Siemens Bldg. Tech., Inc., 178 S.W.3d 691 (Mo. Ct. App. 2005).
· cites it 7× “Section 431.180, RSMo 2000, provides: 1. All persons who enter into a contract for private design or construction work after August 28, 1995, shall make all scheduled payments pursuant to the terms of the contract.”
Jerry Bennett Masonry, Inc. v. Crossland Const. Co., Inc., 171 S.W.3d 81 (Mo. Ct. App. 2005).
· cites it 4× “057, the Prompt Payment Act (sometimes referred to as the "Missouri Public Works Prompt Payment Act"), and under section 431.180 (sometimes referred to as the "Private Prompt Payment Act") for the $67,057.”
Walton Constr. Co. v. MGM Masonry, Inc., 199 S.W.3d 799 (Mo. Ct. App. 2006).
· cites it 6× “The judgment did not include an amount for interest or for attorneys’ fees as MGM had requested under section 431.180. MGM filed a post-trial Motion to Amend Judgment to Include Interest and Attorney Fees.”
Fru-Con/Fluor Daniel Jt. Venture v. Corrigan Bros., Inc., 154 S.W.3d 330 (Mo. Ct. App. 2004).
· cites it 6× “In its second point, the Joint Venture contends that the trial court erred in awarding Corrigan penalty interest and litigation expenses pursuant to the Missouri Prompt Payment Act, Section 431.180, 6 on Corrigan’s claims under the Balance of Plant contract because Corri-gan was…”
Lucas Stucco & EIFS Design, LLC v. Landau, 324 S.W.3d 444 (Mo. 2010).
· cites it 2× “A contractor that was unpaid for its work filed suit against a property owner under the Private Prompt Payment Act (act), section 431.180. 1 Although the contractor’s petition properly pleaded the elements of the act, there was no mention of *445 its desire to seek attorney fees…”
Midwest Asbestos Abatement Corp. v. Brooks, 90 S.W.3d 480 (Mo. Ct. App. 2002).
· cites it 4× “According to the trial court, the agreement and Section 431.180 formed the basis for the award of interest and attorney’s fees.”
Medlin v. RLC, Inc., 423 S.W.3d 276 (Mo. Ct. App. 2014).
· cites it 3× “The Court finds that Section 431.180 RSMo provides the Court with discretion regarding award of interest and attorney fees in this case.”
Bellon Wrecking & Salvage Co. v. Rohlfing, 81 S.W.3d 703 (Mo. Ct. App. 2002).
· cites it 2× “100 by providing the notice to the owners on its invoices; and (5) pursuant to section 431.180, appellant was entitled to reasonable [attorney] fees and interest at 18% per annum.”
— Mo. Rev. Stat. § 431.180(4) — 1 case
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