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Prompt Payment Acts (Private Projects): State Comparison Chart

by Practical Law Real Estate

Law stated as of 23 December 2015 | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, USA (National/Federal), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

A Chart providing a state-by-state overview of prompt payment acts governing privately owned or financed construction projects. This Chart outlines critical payment provisions, including statutory deadlines for payments from owners to prime contractors and from contractors to their subcontractors and suppliers. It also details state-specific rules and limitations on retainage, such as maximum withholding percentages and mandatory release dates. This resource examines whether interest and other penalties are imposed for late payments and explores the statutory enforceability of pay-if-paid clauses. The Chart serves as an essential tool for project parties and their counsel to understand the diverse legal landscape of payment obligations and rights in private construction. This Chart is updated semiannually.

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