Tennessee § 66-34-202 - Application for payment for work — Payment according to schedule for payments — Review of application by owner's agent.

§ 66-34-202. Application for payment for work — Payment according to schedule for payments — Review of application by owner's agent.

If a prime contractor has performed in accordance with the prime contractor's written contract with the owner, then the owner shall pay to the prime contractor the full amount earned by the prime contractor, less only those amounts withheld in accordance with § 66-34-203. The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the prime contractor to the owner, in accordance with the schedule. Failure of an architect, engineer, or other agent employed by the owner to review and approve an application for payment for work which has been performed in accordance with the contract does not excuse the owner from making payment in accordance with this chapter. This section does not require payment for work not performed if an architect, engineer, or other agent has certified that a contractor has not completed performance for a portion of work covered by the application for payment. Acts 1991, ch. 45, § 1; 2006, ch. 944, § 1; 2020, ch. 749, § 19. Compiler's Notes. Acts 2006, ch. 944, § 2 provided that the act, which rewrote (a), shall apply to all contracts executed after June 20, 2006. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020. Amendments. The 2020 amendment inserted “prime” five times in (a); and in the last sentence of (b), inserted “for work not performed”, “, engineer, or other agent” and “for a portion of work covered by the application for payment”. Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.