1. (a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following:

   1. (1) Unsatisfactory job progress.
   2. (2) Defective construction not remedied.
   3. (3) Disputed work.
   4. (4) Third party claims filed or reasonable evidence that a claim will be filed.
   5. (5) Failure of the contractor, subcontractor, or sub-subcontractor to make timely payments for labor, equipment, and materials.
   6. (6) Property damage to owner, contractor, or subcontractor.
   7. (7) Reasonable evidence that the contract, subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract or contract sum.
2. (b) In the event that there is a bona fide dispute over all or any portion of the amount due on a progress payment from the owner, contractor, or subcontractor then the owner, contractor, or subcontractor may withhold payment in an amount not to exceed 2 times the disputed amount.
3. (c) An owner is required to notify a contractor in writing within 15 days of receipt of any disputed request for payment. A contractor, subcontractor and sub-subcontractor is required to provide written notification within 5 days of disputed request for payment or notice of disputed request for payment.

(Acts 1995, No. 95-380, p. 775, §4.)