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A private subcontract sets interest on late payment at 18 percent per annum, which is higher than the statutory rate that year. What does the obligee collect?

Correct Answer

C) The contract rate, since that is the greater of the two

Section 715.12(6)(a) provides that during the period interest accrues the rate is the s. 55.03 rate plus 12 percent per annum, or the rate specified in the contract, whichever is greater, and that a person is not entitled to receive both the contract interest and the statutory interest.

Answer Options
A
Both rates, the statute being cumulative with the contract
B
The statutory rate, which the contract cannot displace
C
The contract rate, since that is the greater of the two
D
The average of the contract rate and the statutory rate

Why This Is the Correct Answer

Section 715.12(6)(a) provides that during the period interest accrues the rate is the s. 55.03 rate plus 12 percent per annum, or the rate specified in the contract, whichever is greater, and that a person is not entitled to receive both the contract interest and the statutory interest.

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