Missouri legislation · 2026 Regular Session
Missouri SB1452: Establishes provisions relating to construction contracts
Status: In committee, May 4, 2026
SCS/SB 1452 - This act provides that for purposes of current law relating to the retainage of payments to be made under certain contracts relating to construction of private buildings, the design or construction work shall include design, construction, alteration, repair, or maintenance of any building, roadway, or other structure or improvement to real property, or demolition or excavation connected therewith, and shall include the furnishing of design, planning, or management services, labor, or materials in connection with surveying, architecture, engineering, or landscape design. Additionally, this act provides that an owner shall make progress payments to the contractor and any engineer, architect, landscape architect, or land surveyor on a monthly basis as described in the act, milestone basis, or lump sum basis. If in the discretion of the owner and when applicable under the contract, the project architect or engineer, and the contractor, it is determined that a subcontractor's performance has been completed and the subcontractor can be released prior to substantial completion, as defined in the act, of the contract without risk to the owner, the contractor shall request such adjustment in retainage from the owner as necessary to enable the contractor to pay the subcontractor in full. The owner may reduce or eliminate retainage on any payment if the work is proceeding satisfactorily in the owner's opinion. Until the contractor has received retainage, the contractor does not have an obligation to release retainage to a subcontractor. If retainage is released and remaining minor items are still to be completed, an amount equal to 150% of the value of each item as determined by the owner's authorized representatives shall be withheld until the item is completed. Furthermore, this act provides that upon substantial completion, the owner shall pay at least 98% of the retainage, less any offsets or deductions authorized in the contract or by law, and t
What the bill says
To amend chapter 436, RSMo, by adding thereto one new section relating to construction contracts. Section A. Chapter 436, RSMo, is amended by adding thereto one new section, to be known as section 436.290, to read as follows: 436.290. 1. As used in this section, unless the context clearly requires otherwise, the following terms mean: (1) "Construction contract", a written or oral agreement (b) A contractor and a subcontractor or supplier; (c) A subcontractor and a sub-subcontractor or supplier; or (d) A sub-subcontractor and a sub-sub-subcontractor or supplier at whatever tier; for constructio.