reglab/housing_qa huggingface dataset:
MT Code § 28-2-2102 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2102. Performance entitles contractor or subcontractor to payment

  28-2-2102. Performance entitles contractor or subcontractor to payment. (1) Performance by a contractor of a construction contract in accordance with the provisions of the contract entitles a contractor to payment from the owner.   (2) Performance by a subcontractor of a subcontract entitles the subcontractor to payment from the contractor.   History: En. Sec. 4, Ch. 470, L. 1999.
MT Code § 28-2-2104 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2104. Obligations upon delay of payment

  28-2-2104. Obligations upon delay of payment. (1) If a periodic or final payment that is required by a construction contract to be paid by an owner to a contractor is delayed by more than 30 days from the date the payment is required by the contract to be made, the owner shall pay to the contractor interest, beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If the contractor receives interest from the owner for a delayed payment by the owner, the contractor shall ensure that any interest accrued on a delayed payment is distributed by the contractor to subcontractors on a pro rata basis.   (2) If a periodic or final payment required by a subcontract to be paid by a contractor to a subcontractor is delayed for more than 30 days from the date the payment is required by the subcontract to be made, the contractor shall pay to the subcontractor interest beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If a subcontractor receives interest from the contractor for a delayed payment by the contractor, the subcontractor shall ensure that any interest accrued on the delayed payment is distributed by the subcontractor to other subcontractors, if any, on a pro rata basis.   (3) Acceptance of the final payment releases any claim for interest on the payment.   History: En. Sec. 6, Ch. 470, L. 1999; amd. Sec. 1, Ch. 244, L. 2005; amd. Sec. 1, Ch. 254, L. 2009.
MT Code § 28-2-2105 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2105. Prevailing party entitled to costs and attorney fees

  28-2-2105. Prevailing party entitled to costs and attorney fees. In a civil action on a contract to enforce an obligation imposed by this part, the prevailing party is entitled to reasonable attorney fees and costs, both for trial and appeal. If the parties to a construction contract or subcontract use arbitration, the arbitrator may award fees and costs as the arbitrator may determine.   History: En. Sec. 7, Ch. 470, L. 1999.
MT Code § 28-2-2106 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2106. Remedies not exclusive

  28-2-2106. Remedies not exclusive. The remedies provided by this part are not exclusive of any other remedy provided by law or contract.   History: En. Sec. 8, Ch. 470, L. 1999.
MT Code § 28-2-2107 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2107. Exception for certain residential dwellings

  28-2-2107. Exception for certain residential dwellings. The provisions of this part do not apply to residential projects or improvements to real property intended for residential purposes with a total cost of less than $400,000.   History: En. Sec. 9, Ch. 470, L. 1999; amd. Sec. 2, Ch. 364, L. 2001.
MT Code § 28-2-2108 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2108. and 28-2-2109 reserved

  28-2-2108 and 28-2-2109 reserved.
MT Code § 28-2-2110 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2110. Limit on retainage

  28-2-2110. Limit on retainage. (1) The maximum retainage applied to construction contracts subject to the provisions of this part may not exceed 5%.   (2) The retainage percentage withheld by an owner, as provided in subsection (1), from a construction contractor is the maximum retainage that a construction contractor may withhold from a subcontractor.   (3) Retainage must be released upon the final acceptance of each portion of work for which a separate price is stated in the construction contract.   History: En. Sec. 1, Ch. 364, L. 2001; amd. Sec. 2, Ch. 244, L. 2005.
MT Code § 28-2-2111 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2111. Construction contract indemnification provisions

  28-2-2111. Construction contract indemnification provisions. (1) Except as provided in subsections (2) and (3), a construction contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.   (2) A construction contract may contain a provision:   (a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or   (b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.   (3) This section does not apply to indemnity of a surety by a principal on a construction contract bond or to an insurer's obligation to its insureds.   (4) As used in this section, "construction contract" means an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including any agreement to supply labor, materials, or equipment for an improvement to real property.   History: En. Sec. 1, Ch. 305, L. 2003.
MT Code § 28-2-2112 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2112. through 28-2-2114 reserved

  28-2-2112 through 28-2-2114 reserved.
MT Code § 28-2-2115 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2115. Alternative billing cycle

  28-2-2115. Alternative billing cycle. (1) A construction contract may provide for a billing cycle other than a monthly billing cycle if the construction contract specifically sets forth another billing cycle and either of the following applies:   (a) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:   Notice of Alternate Billing Cycle   This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. Payment requests for this contract must be submitted as follows: __________________________________________________ ___________________________________________________ ___________________________________________________; or   (b) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:   Notice of Alternate Billing Cycle   This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. A written description of the other billing cycle applicable to the project is available from the owner or the owner's designated agent at (telephone number or address, or both), and the owner or the owner's designated agent must provide this written description on request.   (2) An owner may change the number of days to approve a contractor's payment request to later than 21 days after the date the payment request is submitted if:   (a) the construction contract in a clear and conspicuous manner specifically provides for a later approval date defined by a specified number of days after the payment request is submitted; and   (b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:   Notice of Approval of Payment Request Provision   This contract allows the owner to approve the contractor's payment request within ___ days after it is received by the owner.   (3) An owner may make payments later than 7 days after the date that the contractor's request for payment is approved if:   (a) the construction contract in a clear and conspicuous manner specifically provides for a later payment defined by a specified number of days after approval; and   (b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:   Notice of Extended Payment Provision This contract allows the owner to make payment within ___ days after approval of the payments.   History: En. Sec. 3, Ch. 274, L. 2003.
MT Code § 28-2-2116 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 21. Payment of Construction Contractors and Subcontractors|28-2-2116. Construction contracts -- void provisions

  28-2-2116. Construction contracts -- void provisions. (1) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract for a project in this state and that makes the contract subject to the laws of another state or that requires any litigation, arbitration, or other dispute resolution proceeding arising from a dispute pertaining to the contract to be conducted in another state is against the public policy of this state and is void and unenforceable.   (2) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract and that states that a party to the contract may not suspend performance under the contract or terminate the contract if another party to the contract fails to make prompt payments under the contract as provided in 28-2-2103 is against the public policy of this state and is void and unenforceable.   History: En. Sec. 4, Ch. 274, L. 2003.
MT Code § 28-2-2201 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 22. Residential Construction -- Disclosure and Warranty Requirements|28-2-2201. Residential construction contracts -- disclosure and warranty requirements

  28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.   (2) All residential construction contracts that are subject to the provisions of this section must be in writing and must contain the following:   (a) a disclosure that the general contractor has a current general liability policy;   (b) a disclosure that the general contractor has a workers' compensation policy or is an independent contractor without employees;   (c) a provision setting out the billing cycle establishing the payment schedule to be followed by the owner;   (d) a provision establishing procedures for handling change orders by the owner;   (e) a statement of all inspections and tests that the general contractor will perform or have performed prior to, during, or upon completion of construction and a statement that the owner is entitled to receive the results of any tests conducted by the general contractor or conducted at the general contractor's request;   (f) a statement that the owner is entitled at the owner's expense to have any inspections and tests conducted that the owner considers necessary; and   (g) a statement that the general contractor is providing an express warranty that is valid for a period of at least 1 year from completion of the construction project. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.   History: En. Sec. 1, Ch. 302, L. 2009.
MT Code § 28-2-2202 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 2. Contracts|Part 22. Residential Construction -- Disclosure and Warranty Requirements|28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences

  28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences. (1) This section applies only to the sale of a newly constructed residence that has not been previously occupied and where the seller is the builder or a developer who has built or had the residence built for the purpose of resale.   (2) A builder or developer that is subject to the provisions of this section is required to provide to a buyer, prior to the sale of a new residence, the following:   (a) a statement of all inspections and tests that the general contractor performed or had performed prior to, during, or upon completion of construction of the residence that is the subject of the potential sale; and   (b) an express warranty that is valid for a period of at least 1 year from the date of the sale of the residence. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provisions to become applicable.   History: En. Sec. 2, Ch. 302, L. 2009.
MT Code § 28-3-101 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 1. General Provisions|28-3-101. Rules of interpretation to be uniform

  28-3-101. Rules of interpretation to be uniform. All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this code.   History: En. Sec. 2200, Civ. C. 1895; re-en. Sec. 5024, Rev. C. 1907; re-en. Sec. 7526, R.C.M. 1921; Cal. Civ. C. Sec. 1635; Field Civ. C. Sec. 800; re-en. Sec. 7526, R.C.M. 1935; R.C.M. 1947, 13-701.
MT Code § 28-3-102 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 1. General Provisions|28-3-102. What law and usage to govern interpretation

  28-3-102. What law and usage to govern interpretation. A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.   History: En. Sec. 2211, Civ. C. 1895; re-en. Sec. 5035, Rev. C. 1907; re-en. Sec. 7537, R.C.M. 1921; Cal. Civ. C. Sec. 1646; Field Civ. C. Sec. 811; re-en. Sec. 7537, R.C.M. 1935; R.C.M. 1947, 13-712.
MT Code § 28-3-201 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-201. Interpretation giving effect to contract favored

  28-3-201. Interpretation giving effect to contract favored. A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect if it can be done without violating the intention of the parties.   History: En. Sec. 2208, Civ. C. 1895; re-en. Sec. 5032, Rev. C. 1907; re-en. Sec. 7534, R.C.M. 1921; Cal. Civ. C. Sec. 1643; Field Civ. C. Sec. 808; re-en. Sec. 7534, R.C.M. 1935; R.C.M. 1947, 13-709.
MT Code § 28-3-202 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-202. Effect to be given to every part of contract

  28-3-202. Effect to be given to every part of contract. The whole of a contract is to be taken together so as to give effect to every part if reasonably practicable, each clause helping to interpret the other.   History: En. Sec. 2206, Civ. C. 1895; re-en. Sec. 5030, Rev. C. 1907; re-en. Sec. 7532, R.C.M. 1921; Cal. Civ. C. Sec. 1641; Field Civ. C. Sec. 806; re-en. Sec. 7532, R.C.M. 1935; R.C.M. 1947, 13-707.
MT Code § 28-3-203 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-203. When several contracts taken together

  28-3-203. When several contracts taken together. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction are to be taken together.   History: En. Sec. 2207, Civ. C. 1895; re-en. Sec. 5031, Rev. C. 1907; re-en. Sec. 7533, R.C.M. 1921; Cal. Civ. C. Sec. 1642; Field Civ. C. Sec. 807; re-en. Sec. 7533, R.C.M. 1935; R.C.M. 1947, 13-708.
MT Code § 28-3-204 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-204. How repugnancies reconciled

  28-3-204. How repugnancies reconciled. Repugnancies in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.   History: En. Sec. 2217, Civ. C. 1895; re-en. Sec. 5041, Rev. C. 1907; re-en. Sec. 7543, R.C.M. 1921; Cal. Civ. C. Sec. 1652; Field Civ. C. Sec. 817; re-en. Sec. 7543, R.C.M. 1935; R.C.M. 1947, 13-718.
MT Code § 28-3-205 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-205. Written or original terms to control printed terms

  28-3-205. Written or original terms to control printed terms. Where a contract is partly written and partly printed or where part of it is written or printed under the special directions of the parties and with a special view to their intention and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts and the parts which are purely original control those which are copied from a form and, if the two are absolutely repugnant, the latter must be so far disregarded.   History: En. Sec. 2216, Civ. C. 1895; re-en. Sec. 5040, Rev. C. 1907; re-en. Sec. 7542, R.C.M. 1921; Cal. Civ. C. Sec. 1651; Field Civ. C. Sec. 816; re-en. Sec. 7542, R.C.M. 1935; R.C.M. 1947, 13-717.
MT Code § 28-3-206 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 2. General Rules of Interpretation|28-3-206. Uncertainty to be resolved against party causing it

  28-3-206. Uncertainty to be resolved against party causing it. In cases of uncertainty not removed by parts 1 through 5 of this chapter, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be that party.   History: En. Sec. 2219, Civ. C. 1895; re-en. Sec. 5043, Rev. C. 1907; re-en. Sec. 7545, R.C.M. 1921; Cal. Civ. C. Sec. 1654; Field Civ. C. Sec. 819; re-en. Sec. 7545, R.C.M. 1935; R.C.M. 1947, 13-720; amd. Sec. 25, Ch. 117, L. 1979; amd. Sec. 1, Ch. 31, L. 2013.
MT Code § 28-3-301 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 3. Intention of the Parties|28-3-301. Interpretation to give effect to mutual intention

  28-3-301. Interpretation to give effect to mutual intention. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.   History: En. Sec. 2201, Civ. C. 1895; re-en. Sec. 5025, Rev. C. 1907; re-en. Sec. 7527, R.C.M. 1921; Cal. Civ. C. Sec. 1636; Field Civ. C. Sec. 801; re-en. Sec. 7527, R.C.M. 1935; R.C.M. 1947, 13-702.
MT Code § 28-3-302 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 3. Intention of the Parties|28-3-302. How intention ascertained

  28-3-302. How intention ascertained. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied.   History: En. Sec. 2202, Civ. C. 1895; re-en. Sec. 5026, Rev. C. 1907; re-en. Sec. 7528, R.C.M. 1921; Cal. Civ. C. Sec. 1637; Field Civ. C. Sec. 802; re-en. Sec. 7528, R.C.M. 1935; R.C.M. 1947, 13-703.
MT Code § 28-3-303 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 3. Intention of the Parties|28-3-303. Writing generally to determine intention

  28-3-303. Writing generally to determine intention. When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible, subject, however, to the other provisions of this chapter.   History: En. Sec. 2204, Civ. C. 1895; re-en. Sec. 5028, Rev. C. 1907; re-en. Sec. 7530, R.C.M. 1921; Cal. Civ. C. Sec. 1639; Field Civ. C. Sec. 804; re-en. Sec. 7530, R.C.M. 1935; R.C.M. 1947, 13-705.
MT Code § 28-3-304 (2021)
2021 Montana Code Annotated|Title 28. Contracts and Other Obligations|Chapter 3. Interpretation of Contracts|Part 3. Intention of the Parties|28-3-304. When writing disregarded

  28-3-304. When writing disregarded. When through fraud, mistake, or accident a written contract fails to express the real intention of the parties, such intention is to be regarded and the erroneous parts of the writing disregarded.   History: En. Sec. 2205, Civ. C. 1895; re-en. Sec. 5029, Rev. C. 1907; re-en. Sec. 7531, R.C.M. 1921; Cal. Civ. C. Sec. 1640; Field Civ. C. Sec. 805; re-en. Sec. 7531, R.C.M. 1935; R.C.M. 1947, 13-706.