32-1129

32-1129. Definitions; applicability

A. In sections 32-1129.01, 32-1129.02, 32-1129.03, 32-1129.04, 32-1129.05 and
32-1129.07, unless the context otherwise requires:

1. "Construction contract" means a written or oral agreement relating to the
construction, alteration, repair, maintenance, moving or demolition of any building,
structure or improvement or relating to the excavation of or other development or
improvement to land.

2. "Contractor" means any person, firm, partnership, corporation, association or
other organization, or a combination of any of them, that has a direct contract with an
owner to perform work under a construction contract.

3. "Final completion" means the earliest of the following:

(a) When the work, or the work under a portion of a construction contract for which
the contract states a separate price, has been completed in accordance with the terms and
conditions of the construction contract.

(b) The date of final inspection and final written acceptance by the governmental
body that issues the building permit for the building, structure or improvement.

4. "Owner" means any person, firm, partnership, corporation, association or other
organization, or a combination of any of them, that causes a building, structure or
improvement to be constructed, altered, repaired, maintained, moved or demolished or that
causes land to be excavated or otherwise developed or improved, whether the interest or
estate of the person is in fee, as vendee under a contract to purchase, as lessee or
another interest or estate less than fee.

5. "Retention" means a portion of a progress payment otherwise due from the owner
to the contractor that is withheld pursuant to the terms and conditions of a construction
contract to ensure proper performance of the construction contract.

6. "Subcontractor" means any person, firm, partnership, corporation, association or
other organization, or a combination of any of them, that has a direct contract with a
contractor or another subcontractor to perform a portion of the work under a construction
contract.

7. "Substantial completion" or "substantially complete" means the earliest of the
following events:

(a) The stage in the progress of the work on a construction contract when the work,
or the work under a portion of a construction contract for which the contract states a
separate price, is sufficiently complete in accordance with the terms and conditions of
the construction contract so that the owner can occupy and use the work or such portion
of the work for its intended purpose. When substantial completion occurs for a portion of
a construction contract for which the contract states a separate price, substantial
completion occurs only to the work under that portion of the contract.

(b) The stage in the progress of the work on a construction contract when the
contractor has sufficiently completed the work or the work under a portion of a
construction contract for which the contract states a separate price in accordance with
the terms and conditions of the construction contract to allow the owner to occupy and
use the work or such portion of the work for its intended purpose but the owner is unable
to or does not occupy or use the work or such portion of the work for its intended
purpose through no fault of the contractor.

(c) The date on which the governmental body that issues the building permit, if
any, for a building, structure or improvement issues the written acceptance allowing the
owner to occupy and use the work under a construction contract.

8. "Work" means the labor, materials, equipment and services to be provided by a
contractor or subcontractor under a construction contract.

B. The definitions in this section do not apply to section 12-552.