| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 10 MRSA §1113, sub-§4, as enacted by PL 1993, c. 461, §1, is | | amended to read: |
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| | | 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. |
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| | | Sec. 2. 10 MRSA §1114, sub-§4, as enacted by PL 1993, c. 461, §1, is | | amended to read: |
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| | | 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. |
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| | | 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 D, | | §13, is repealed and the following enacted in its place: |
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| | | 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. |
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| | | 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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