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.

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Terms Used In Montana Code 28-2-2102

  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means a person who has signed a construction contract with an owner. See Montana Code 28-2-2101
  • Owner: means a governmental entity or private entity that has a legal interest in the real property improved or to be improved by the performance of the construction contract. See Montana Code 28-2-2101
  • Subcontract: means a contract between a contractor and a subcontractor or between a subcontractor and another subcontractor, the purpose of which is the performance of all or a part of the construction contract. See Montana Code 28-2-2101
  • Subcontractor: means a person who has contracted with a contractor or another subcontractor for the purposes of performance of all or a part of a subcontract. See Montana Code 28-2-2101

(2)Performance by a subcontractor of a subcontract entitles the subcontractor to payment from the contractor.