Section 756. Definitions  


Latest version.
  • 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.