§ 18-44-108 — Refusal to list parties doing work or furnishing materials

(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following: (1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and (2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a) , if applicable. (b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be: (1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and (2) (A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court. (B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.

Legislative History

Acts 1895, No. 146, § 10, p. 217; C. & M. Dig., § 6921; Pope's Dig., § 8880; A.S.A. 1947, § 51-612; Acts 1995, No. 1298, § 3; 2005, No. 1994, § 96; 2009, No. 454, § 2.