Section 7: Claims against fund; award limitations

323 words·~1 min read·/ma/part-i/title-xx/chapter-142a/7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 7. An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 years from the date of the contract, the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made.

A claim under this section shall not be construed to limit the availability of other legal or equitable remedies unless the claim made is for the full amount of the value of the work claimed as damages, in which case the contractor or subcontractor, upon repayment to the fund, may use repayment as a defense via settlement.

The fund administrator may not award:

(1)more than $25,000 or any amount necessary to compensate the owner for his actual loss, whichever is less to any one claimant or;

(2)more than $150,000 to claimants on account of the conduct of any one registered contractor or subcontractor within a twelve month period, unless after the fund administrator has paid out said $150,000 the registrant has repaid the fund the full amount; provided, however, that it is within the discretion of the fund administrator to waive the limit with cause; or

(3)any amount for consequential damages, except as may be allowed under section four, or for personal injury, punitive damages, attorney's fees, court costs or interest.

If at any time the money deposited in the fund is insufficient to satisfy any approved claim or portion thereof, the fund administrator, when sufficient money has been deposited in the fund, shall satisfy the unpaid claims or portions thereof in the order that the claims were originally filed with the fund administrator.

The pendency of a claim against the fund shall not limit the director from taking disciplinary action against any registered contractor or subcontractor pursuant to this chapter.