reglab/housing_qa huggingface dataset:
9 V.S.A. § 4002
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4002. Owner's payment obligations

§ 4002. Owner's payment obligations|(a) The owner shall pay the contractor strictly in accordance with the terms of the construction contract.(b) In the event that the construction contract does not contain a term governing the terms of payment, the contractor shall be entitled to invoice the owner for progress payments at the end of the billing period. The contractor shall be entitled to submit a final invoice for payment in full upon completion of the agreed-upon work.(c) Except as otherwise agreed, payment of interim and final invoices shall be due from the owner 20 days after end of billing period or 20 days after delivery of invoice, whichever is later.(d) Except as otherwise agreed, if any progress or final payment to a contractor is delayed beyond the due date established in subsection (c) of this section, the owner shall pay the contractor interest, beginning on the 21st day, at an interest rate equal to that established by 12 V.S.A. § 2903(b), on such unpaid balance as may be due. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4003
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4003. Contractor's and subcontractor's payment obligations

§ 4003. Contractor's and subcontractor's payment obligations|(a) Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with which it contracts.(b) Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor, before a subcontract is entered, the due date for receipt of payments from the owner. Notwithstanding any other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor, the contractor or subcontractor shall be obligated to pay the subcontractor as though the 20-day due dates in subsection 4002(c) of this title were met by the owner.(c) Notwithstanding any contrary agreement, when a subcontractor has performed in accordance with the provisions of its contract, a contractor shall pay to the subcontractor, and each subcontractor shall in turn pay to its subcontractors, the full or proportional amount received for each such subcontractor's work and materials based on work completed or service provided under the subcontract, seven days after receipt of each progress or final payment or seven days after receipt of the subcontractor's invoice, whichever is later.(d) Notwithstanding any contrary agreement, if any progress or final payment to a subcontractor is delayed beyond the due date established in subsections (b) or (c) of this section, the contractor or subcontractor shall pay its subcontractor interest, beginning on the next day, at an interest rate equal to that established by 12 V.S.A. § 2903(b), on such unpaid balance as may be due. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4004
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4004. Errors in documentation

§ 4004. Errors in documentation|If an invoice is filled out incorrectly, or incompletely, or if there is any defect or impropriety in an invoice submitted, the receiving owner, contractor, or subcontractor shall contact the invoicing contractor or subcontractor in writing within ten working days of receiving the invoice. Otherwise, documentary errors shall be deemed waived. If an error on the invoice is corrected by the invoicing contractor or subcontractor, the date on which the corrected invoice is delivered shall be deemed the end of the billing period for the purposes of this chapter. (Added 1991, 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4005
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4005. Retainage

§ 4005. Retainage|(a) If payments under a construction contract are subject to retainage, any amounts that have been retained during the performance of the contract and that are due to be released to the contractor upon final completion shall be paid within 30 days after final acceptance of the work.(b) If an owner is not withholding retainage, a contractor or subcontractor may withhold retainage from its subcontractor in accordance with their agreement. The retainage shall be paid within 30 days after final acceptance of the work.(c) Notwithstanding any contrary agreement, a contractor shall pay to its subcontractors, and each subcontractor shall in turn pay to its subcontractors, within seven days after receipt of the retainage, the full amount due to each such subcontractor.(d) If an owner, contractor, or subcontractor unreasonably withholds acceptance of the work or fails to pay retainage as required by this section, the owner, contractor, or subcontractor shall be subject to the interest, penalty, and attorney's fees provisions of sections 4002, 4003, and 4007 of this title.(e) Notwithstanding any provision of this section or an agreement to the contrary, except in the case of a contractor or subcontractor who is both a materialman who delivers materials and is contracted to perform work using those materials, a contractor or subcontractor shall not hold retainage for contracted materials that:  (1) have been delivered by a materialman and accepted by the contractor at the site or off site; and (2) are covered by a manufacturer's warranty or graded to meet industry standards, or both. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992; amended 2017, No. 179 (Adj. Sess.), § 3.)
9 V.S.A. § 4006
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4006. Prepayment; advance payment

§ 4006. Prepayment; advance payment|This chapter shall in no way be construed to prohibit an owner, contractor, or subcontractor from making advance payments, progress payments, or from prepaying if agreements or other circumstances make such payments appropriate. All such payments shall be made promptly and shall be subject to the interest, penalties, and other provisions hereof when payment is later. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4007
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4007. Disputes; penalties; attorney's fees

§ 4007. Disputes; penalties; attorney's fees|(a) Nothing in this chapter shall prevent an owner, contractor, or subcontractor from withholding payment in whole or in part under a construction contract in an amount equalling the value of any good faith claims against an invoicing contractor or subcontractor, including claims arising from unsatisfactory job progress, defective construction, disputed work, or third-party claims.(b) If arbitration or litigation is commenced to recover payment due under the terms of this chapter and it is determined that an owner, contractor, or subcontractor has failed to comply with the payment terms of this chapter, the arbitrator or court shall award, in addition to all other damages due and as a penalty, an amount equal to one percent per month of all sums as to which payment has wrongfully been withheld. An amount shall not be deemed to have been wrongfully withheld to the extent it bears a reasonable relation to the value of any claim held in good faith by the owner, contractor, or subcontractor against which an invoicing contractor, or subcontractor is seeking to recover payment.(c) Notwithstanding any contrary agreement, the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorney's fees in an amount to be determined by the court or arbitrator, together with expenses. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4008
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4008. Contracts involving federal aid

§ 4008. Contracts involving federal aid|Notwithstanding any provision of this chapter, language varying the requirements of this chapter may be included in contracts when such variance is required by any statute, regulation, or grant agreement conditioning the receipt or expenditure of federal aid. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4009
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 102 - Construction Contracts|§ 4009. Owner exclusion

§ 4009. Owner exclusion|This chapter shall not apply to contracts for the purchase of materials by a natural person performing work on his or her own real property. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
9 V.S.A. § 4021
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4021. Definitions

§ 4021. Definitions|As used in this chapter:  (1) "Person" refers to any individual, partnership, corporation, association, or other organization. (2) "Trading stamp" refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, that entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article in advertising or selling it. (3) "Trading stamp company" refers to any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise. (Added 1959, No. 240, § 1, eff. Sept. 1, 1959.)
9 V.S.A. § 4022
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4022. Fraud prohibited

§ 4022. Fraud prohibited|A trading stamp company shall not willfully commit any fraud or make any false representation or resort to any lottery in distributing or redeeming trading stamps in this State. (Added 1959, No. 240, § 2, eff. Sept. 1, 1959.)
9 V.S.A. § 4023
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4023. Distribution, limitations

§ 4023. Distribution, limitations|A trading stamp company shall not issue or distribute trading stamps in this State after this chapter takes effect unless (1) each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company, and (2) the rightful holders may, at their option, redeem the stamps in cash when duly presented to the company for redemption in a number having an aggregate cash value of not less than $0.25. (Added 1959, No. 240, § 3, eff. Sept. 1, 1959.)
9 V.S.A. § 4025
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4025. Claims, enforcement

§ 4025. Claims, enforcement|(a) In the event the company defaults in performing its obligations under this chapter, all rightful holders of trading stamps of the company shall be entitled to make claim against the bond filed under subdivision 4024(a)(2) of this title. Retailers in possession of trading stamps for issuance to their customers shall also be deemed rightful holders entitled to make a claim.(b) If the company defaults in the performance of its obligation to redeem trading stamps, any rightful holder may file, within three months after the default, a complaint in the Washington Superior Court. Upon the filing of a complaint, the presiding judge shall, upon 14 days' notice in writing sent by certified mail to the company, summarily hear and forthwith make a determination whether there has been a default. If the presiding judge determines that there has been a default, he or she shall give notice of the determination to the company and if the default is not corrected within 14 days, he or she shall order the clerk of the court to publish notice of the default in three consecutive publications of one or more newspapers having general circulation throughout this State and therein require that proof of all claims for redemption of the trading stamps of the company shall be filed with the court, together with the trading stamps upon which the claim is based, within three months after the date of the first publication. Promptly after the expiration of that period, the court shall determine the validity of all claims so filed. Thereupon, the court shall be paid by the surety such amount as shall be necessary to satisfy all valid claims so filed, not exceeding, however, the principal sum of the bond. Upon the failure to pay the amount demanded, the court shall notify the Attorney General who shall bring an action in a court of record, to recover the amount demanded. Upon payment or recovery of the amount demanded, the clerk of the court shall promptly thereafter make an equitable distribution of the proceeds of the bond to the claimants and shall promptly destroy the trading stamps so surrendered. (Added 1959, No. 240, § 5, eff. Sept. 1, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 11, § 9.)
9 V.S.A. § 4026
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4026. Notice of cessation of redemption

§ 4026. Notice of cessation of redemption|A trading stamp company shall not cease or suspend the redemption of trading stamps in cash in this State without filing with the Secretary of State, at least 90 days before the suspension, written notice of its intention so to do and concurrently mailing a copy of the notice to each retailer within this State that has, at any time theretofore within one year, issued trading stamps which the company is obligated to redeem. (Added 1959, No. 240, § 6, eff. Sept. 1, 1959.)
9 V.S.A. § 4027
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 103 - Trading Stamps|§ 4027. Penalty

§ 4027. Penalty|Any trading stamp company that violates any provision of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, and the Superior Court shall have jurisdiction on the complaint of any interested person to restrain and enjoin the violation of any of those provisions. (Added 1959, No. 240, § 7, eff. Sept. 1, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
9 V.S.A. § 4041
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 105 - Credit Cards|§ 4041. Definitions

§ 4041. Definitions|As used in this chapter:  (1) "Person" includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof. (2) "Cardholder" means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. (3) "Card issuer" means any person who issues a credit card. (4) "Credit card" means any instrument, whether known as credit card, credit plate, charge plate, or any other name, that purports to evidence an undertaking to pay for property, labor, services, or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards as defined in 8 V.S.A.§ 1301(b). (5) "Accepted credit card" means any credit card that the cardholder has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, services, or payment of delinquent taxes on credit, and also the term includes a credit card issued in replacement or renewal of an accepted credit card. (6) "Unauthorized use" means a use of a credit card to obtain money, property, labor, services, or payment of delinquent taxes by a person other than the cardholder who does not have actual, implied, or apparent authority for such use. (7) "Notice of loss instructions" shall be a separate slip or card, or a provision clearly printed in bold type in a cardholder agreement or accompanying material that shall apprise cardholder of the potential liability for unauthorized use, shall designate the address and telephone number of an office or offices of issuer to which adequate notice of loss may be given, and that shall contain a blank space for the cardholder to insert his or her account number, which space shall be identified to invite such insertion. (8) "Adequate notice of loss" shall be an actual notice of loss or theft or of unauthorized use of the card to a designated office of issuer that may be by mail, telephone, telegraph, or in person. (Added 1969, No. 221 (Adj. Sess.), § 1; amended 1987, No. 278 (Adj. Sess.), § 12, eff. June 21, 1988; 2021, No. 20, § 35.)
9 V.S.A. § 4042
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 105 - Credit Cards|§ 4042. Liability for unauthorized use

§ 4042. Liability for unauthorized use|A provision imposing liability on a cardholder for the unauthorized use of a credit card shall be effective only if the card is an accepted credit card, the liability imposed is not in excess of $100.00, the cardholder has received notice of loss instructions from issuer, and the unauthorized use occurs before the cardholder has given adequate notice of loss to issuer. (Added 1969, No. 221 (Adj. Sess.), § 2.)
9 V.S.A. § 4043
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 105 - Credit Cards|§ 4043. Fraudulent use

§ 4043. Fraudulent use|A person shall not with intent to defraud, obtain, or attempt to obtain money, property, services, or any other thing of value, by the use of a credit card that he or she knows, or reasonably shall have known, to have been stolen, forged, revoked, cancelled, unauthorized, or invalid for use by him or her for such purpose. (Added 1969, No. 221 (Adj. Sess.), § 3.)
9 V.S.A. § 4044
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 105 - Credit Cards|§ 4044. Penalty

§ 4044. Penalty|(a) A person who violates section 4043 of this title shall be fined not more than $500.00 or be imprisoned not more than six months, or both, if the aggregate value of the money, property, services, or other things of value so obtained is $50.00 or less.(b) A person who violates section 4043 of this title shall be fined not more than $1,000.00 or be imprisoned not more than one year, or both, if the aggregate value of the money, property, services, or other things of value so obtained exceeds $50.00. (Added 1969, No. 221 (Adj. Sess.), § 4; amended 1971, No. 199 (Adj. Sess.), § 17.)
9 V.S.A. § 4045
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 105 - Credit Cards|§ 4045. Illegal possession; seizure

§ 4045. Illegal possession; seizure|(a) A person in possession of a credit card issued to another with the intent to use the credit card without the consent of the cardholder shall be fined not more than $500.00 or imprisoned not more than six months, or both.(b) A law enforcement officer who finds a credit card in the possession of a person other than the cardholder shall seize the same unless it is affirmatively made to appear that an unauthorized use of said card is not intended. A card seized under such circumstances shall be returned to the card issuer at such time as it may not be needed as material or relevant evidence for prosecution. (Added 1969, No. 221 (Adj. Sess.), § 5.)
9 V.S.A. § 4071
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4071. Definitions

§ 4071. Definitions|As used in this chapter:  (1) "Current net price" means the price listed in the supplier's price list or catalogue in effect at the time the dealer agreement is terminated, less any applicable discounts allowed. (2)(A) "Dealer" means a person primarily engaged in the business of retail sales of inventory.  (B) "Dealer" does not include a "single line dealer," a person primarily engaged in the retail sale and service of industrial, forestry, and construction equipment, who:  (i) has purchased 75 percent or more of his or her new inventory from a single supplier; and (ii) has a total annual average sales volume for the previous three years in excess of $100 million for the entire territory for which the dealer is responsible.   (3) "Dealer agreement" means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol. (4)(A) "Inventory" means:   (i) farm, utility, forestry, yard and garden, or industrial:  (I) tractors; (II) equipment; (III) implements; (IV) machinery; (V) attachments; (VI) accessories; and (VII) repair parts;  (ii) snowmobiles, as defined in 23 V.S.A. § 3201(5), and snowmobile implements, attachments, garments, accessories, and repair parts; and (iii) all-terrain vehicles, as defined in 23 V.S.A. § 3801(1), and all-terrain vehicle implements, attachments, garments, accessories, and repair parts.  (B) "Inventory" does not include heavy construction equipment.  (5) "Net cost" means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. In the event of termination of a dealer agreement by the supplier, "net cost" shall include the reasonable cost of assembly or disassembly performed by a dealer. (6) "Supplier" means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer. (7) "Termination" of a dealer agreement means the cancellation, nonrenewal, or noncontinuance of the agreement. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)
9 V.S.A. § 4073
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 107 - Equipment and Machinery Dealerships|§ 4073. Supplier's duty to repurchase inventory

§ 4073. Supplier's duty to repurchase inventory|(a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within 30 days of the effective date of the termination, shall repurchase the dealer's inventory as provided in this chapter. There shall be no requirement for the supplier to repurchase inventory pursuant to this section if:  (1) the dealer has made an intentional and material misrepresentation as to the dealer's financial status; (2) the dealer has defaulted under a chattel mortgage or other security agreement between the dealer and supplier; or (3) the dealer has filed a voluntary petition in bankruptcy.   (b) Whenever a dealer enters into a dealer agreement in which the dealer agrees to maintain an inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies, or becomes incompetent, the supplier shall, at the option of the heir, personal representative, or guardian of the dealer or the person who succeeds to the stock of the majority stockholder, repurchase the inventory as if the agreement had been terminated. The heir, personal representative, guardian, or succeeding stockholder has 180 days from the date of the death of the dealer or majority stockholder to exercise the option under this chapter. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994.)