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A contractor pays a supplier less than the full amount due and says nothing about which deliveries the money covers. Who decides?

Correct Answer

C) The supplier, which may apply the payment as it sees fit

Section 715.12(6)(c) lets the obligor designate the portion of the labor, services or materials to which a partial payment applies, and provides that in the absence of such a designation the obligee may apply the payment in any manner it deems appropriate. The paragraph does not modify the separate designation duty in s. 713.14.

Answer Options
A
Neither, the payment applying to the oldest invoice by operation of law
B
The contractor, which may designate it later at any time
C
The supplier, which may apply the payment as it sees fit
D
The owner, as the source of the funds being distributed

Why This Is the Correct Answer

Section 715.12(6)(c) lets the obligor designate the portion of the labor, services or materials to which a partial payment applies, and provides that in the absence of such a designation the obligee may apply the payment in any manner it deems appropriate. The paragraph does not modify the separate designation duty in s. 713.14.

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