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An owner disputes the drywall contractor's billing and, in response, withholds payment from the roofing contractor as well. The contract is silent. Is that permitted?

Correct Answer

D) No, a dispute does not permit withholding for unaffected work

Section 715.12(6)(e) provides that unless the contract specifically provides to the contrary, a dispute between an obligor and obligee does not permit the obligor to withhold payment from that obligee or from any other obligee for labor, services or materials not subject to or affected by the dispute.

Answer Options
A
Yes, the owner may withhold pending resolution of any dispute
B
Yes, but only up to 150 percent of the disputed amount
C
No, unless the owner serves written notice within 14 days
D
No, a dispute does not permit withholding for unaffected work

Why This Is the Correct Answer

Section 715.12(6)(e) provides that unless the contract specifically provides to the contrary, a dispute between an obligor and obligee does not permit the obligor to withhold payment from that obligee or from any other obligee for labor, services or materials not subject to or affected by the dispute.

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