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This entry was published on 2014-09-22
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SECTION 756
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 35-E
§ 756. Definitions. As used in this article: 1. "Construction
contract" means a written or oral agreement for the construction,
reconstruction, alteration, maintenance, moving or demolition of any
building, structure or improvement, or relating to the excavation of or
other development or improvement to land, and where the aggregate cost
of the construction project including all labor, services, materials and
equipment to be furnished, equals or exceeds one hundred fifty thousand
dollars. For the purposes of this article a construction contract shall
not include any such contract made and awarded by the state, any public
department, any public benefit corporation, any public corporation or
official thereof, or a municipal corporation or official thereof for
construction, reconstruction, alteration, repair, maintenance, moving or
demolition of any public works project nor any contract with a
contractor or subcontractor which is part of such project; or any such
contract the purpose of which is the construction, reconstruction,
alteration, repair, maintenance, moving or demolition of an individual
one, two or three family residential dwelling or a residential tract
development of one hundred or less one or two family dwellings, or any
residential construction project where the aggregate size of such
project is four thousand five hundred square feet or less, or any
residential project of fewer than seventy-five units which receives
financial assistance from the federal government, the state or a
municipal entity designed for households earning an average of one
hundred twenty-five percent of the housing and urban development agency
area median income.

2. "Contractor" means any person, firm, partnership, corporation,
association, company, organization or other entity, including a
construction manager, or any combination thereof, which enters into a
construction contract with an owner.

3. "Owner" means any person, firm, partnership, corporation, company,
association or other organization or other entity, or a combination of
any thereof, (with an ownership interest, whether the interest or estate
is in fee, as vendee under a contract to purchase, as lessee or another
interest or estate less than fee) that causes a building, structure or
improvement, new or existing, to be constructed, altered, repaired,
maintained, moved or demolished or that causes land to be excavated or
otherwise developed or improved.

4. "Subcontractor" means any person, firm, partnership, corporation,
company, association, organization or other entity, or any combination
thereof, which is a party to a contract with a contractor or another
subcontractor to perform a portion of work pursuant to a construction
contract.

5. "Material supplier" means any person, firm, partnership,
corporation, company, association, or other organization or entity, or
any combination thereof, which is party to a contract with an owner,
contractor or subcontractor, for the provision of construction materials
and/or equipment necessary to the completion of a construction contract.

6. "Notice." Any notice by the owner, contractor or subcontractor
under this article shall be sent by facsimile and reputable overnight
courier and shall be deemed effective on the date sent.