§ 4A—305. Liability for late or improper execution or failure to execute payment order
(a) If a funds transfer is completed but execution of a payment order by the receiving
bank in breach of section 4A—302 of this title results in delay in payment to the beneficiary, the bank is obliged to pay interest
to either the originator or the beneficiary of the funds transfer for the period of
delay caused by the improper execution. Except as provided in subsection (c) of this
section, additional damages are not recoverable.
(b) If execution of a payment order by a receiving bank in breach of section 4A—302 of this title results in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary
bank designated by the originator, or (iii) issuance of a payment order that does
not comply with the terms of the payment order of the originator, the bank is liable
to the originator for its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (a) of this section,
resulting from the improper execution. Except as provided in subsection (c) of this
section, additional damages are not recoverable.
(c) In addition to the amounts payable under subsections (a) and (b) of this section,
damages, including consequential damages, are recoverable to the extent provided in
an express agreement of the receiving bank, evidenced by a record.
(d) If a receiving bank fails to execute a payment order it was obliged by express agreement
to execute, the receiving bank is liable to the sender for its expenses in the transaction
and for incidental expenses and interest losses resulting from the failure to execute.
Additional damages, including consequential damages, are recoverable to the extent
provided in an express agreement of the receiving bank, evidenced by a record, but
are not otherwise recoverable.
(e) Reasonable attorney’s fees are recoverable if demand for compensation under subsection
(a) or (b) of this section is made and refused before an action is brought on the
claim. If a claim is made for breach of an agreement under subsection (d) of this
section and the agreement does not provide for damages, reasonable attorney’s fees
are recoverable if demand for compensation under subsection (d) of this section is
made and refused before an action is brought on the claim.
(f) Except as stated in this section, the liability of a receiving bank under subsections
(a) and (b) of this section may not be varied by agreement. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995; amended 2025, No. 17, § 5, eff. July 1, 2025.)