Article Date: 01/04/2013


Owner Mismanaged Distribution of Contract Balance to Subs


A project owner should have distributed the prime contract balance on a pro rata basis to all subcontractors that furnished “stop payment” notices. Payments should not have been made on a first-in-time basis. A dissenting opinion contended there was no contract balance to distribute, as the funds were used to complete the work of the defaulted prime contractor.

 



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