LD 1132
pg. 1
LD 1132 Title Page An Act To Simplify Calculation of Legal Interest Page 2 of 3
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LR 834
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 10 MRSA §1113, sub-§4, as enacted by PL 1993, c. 461, §1, is
amended to read:

 
4. Delayed payments. Except as otherwise agreed, if any
progress or final payment to a contractor is delayed beyond
the due date established in subsection 3, the owner shall pay
the contractor interest on any unpaid balance due beginning on
the 21st day, at an interest rate equal to that specified in
Title 14, section 1602-A, subsection 2.

 
Sec. 2. 10 MRSA §1114, sub-§4, as enacted by PL 1993, c. 461, §1, is
amended to read:

 
4. Delayed payments. Notwithstanding any contrary
agreement, if any progress or final payment to a subcontractor
or material supplier is delayed beyond the due date
established in subsection 2 or 3, the contractor or
subcontractor shall pay its subcontractor or material supplier
interest on any unpaid balance due beginning on the next day,
at an interest rate equal to that specified in Title 14,
section 1602-A, subsection 2.

 
Sec. 3. 14 MRSA §1602, sub-§1, as amended by PL 2001, c. 471, Pt. D,
§13, is repealed and the following enacted in its place:

 
1.__Prejudgment interest; rate; avoidance.__In all civil
actions, except those actions involving a contract or note
that contains a provision relating to interest, prejudgment
interest must be assessed at a rate of 6%.__The Supreme
Judicial Court may review the prejudgment interest rate no
more than once per year and, if there has been a substantial
change in market interest rates, may order a change in the
prejudgment interest rate to accurately reflect the market
rate.__If the Supreme Judicial Court orders a change in the
prejudgment interest rate pursuant to this section, the rate
must be roughly 60% of the rate set in section 1602-A.

 
Prejudgment interest accrues from the time of notice of claim
setting forth under oath the cause of action, served
personally or by registered or certified mail upon the
defendant until the date on which an order of judgment is
entered.__If no notice of claim has been given to the
defendant, prejudgment interest accrues from the date on which
the complaint is filed.__If the prevailing party at any time
requests and obtains a continuance for a period in excess of
30 days, interest must be suspended for the duration of the
continuance.__On petition of the nonprevailing party and on a
showing of good cause, the trial court may order that interest
awarded by this section be fully or partially waived.


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