Legal

What is a prompt payment act in construction?

A prompt payment act is a law that sets how fast owners and contractors must pay for approved construction work, and charges interest when they pay late. There is a federal version and many state versions.

An office manager and contractor review invoices with a calculator and laptop in a construction office.
Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

A prompt payment act puts a clock on construction payments. Once a proper pay request is received and approved, the payer has a set number of days to pay, and if it misses the deadline, interest starts running. The federal Prompt Payment Act (31 U.S.C. 3901 and following) covers federal agencies and flows down to their contractors and subcontractors. Most states have their own prompt payment laws for public work, and many also cover private jobs.

These laws do not make anyone pay for work they dispute. They make sure undisputed money moves on time, and they usually require written notice when money is withheld.

How the federal Prompt Payment Act works on construction

Key federal construction deadlines (31 U.S.C. 3903 and 3905, FAR 52.232-27)
PaymentDeadline
Approved progress payment from the agencyInterest if unpaid more than 14 days after the payment request is received
Retainage approved for releaseBy the contract date, or 30 days after final acceptance if none is set (FAR: 30 days after the contracting officer approves release)
Final payment30 days after the later of a proper invoice or government acceptance
Prime contractor to subcontractorWithin 7 days of receiving the agency's payment for that work
Defective payment requestAgency must return it within 7 days with the reason

Interest is calculated under Treasury rules in 5 CFR Part 1315, using a rate the Treasury publishes for each six-month period. Under the FAR clause, the payment office pays the interest automatically, without a request from the contractor, when the conditions are met.

The flow-down to subcontractors

Federal law requires each prime construction contract to make the prime include a payment clause in its subcontracts. The prime pays the sub within 7 days of being paid for the sub's work, and owes interest if it is late. Subs must pass the same clauses to their own subs. A prime can withhold from a sub only with written notice that states the amount, the reason under the subcontract, and what the sub must do to fix it, with a copy to the government.

Example: a federal agency pays a GC $310,000 on the 1st, including $48,000 for the plumbing sub's work. The GC owes the plumber that $48,000 (less any retainage the subcontract allows) by the 8th. If the GC thinks part of the plumbing is defective, it needs to send the written withholding notice before the due date, not after the plumber calls asking where the money is.

State prompt payment acts

State laws vary in almost every detail: the number of days, the interest rate, whether private work is covered, retainage caps, and whether a contractor can suspend work for nonpayment. Some cover only state agencies, others cover cities, counties, and private owners too. Look up your state under prompt payment and retainage laws by state before relying on any specific number.

Common mistakes

  • Submitting an improper invoice. The clock usually starts only on a complete, proper request. Missing certifications or backup can reset it.
  • Not asking for interest on state jobs. Federal interest is often automatic. Some state laws require the contractor to claim it.
  • Assuming the law beats the contract. Some states let contracts change the deadlines, others do not. Read both.
  • Ignoring withholding notice rules. A GC that withholds without proper notice may owe interest on the withheld amount.

Related terms

Prompt payment rules connect to progress payments, retainage, pay-when-paid clauses, and payment bonds. If payment still does not come, mechanics lien rights (or bond claims on public work) are the next tool. Smart Business Automator dates every pay app and payment so late payments are flagged while interest and notice deadlines still matter.

Frequently asked questions

Does the federal Prompt Payment Act apply to private construction?

No. It applies to federal agencies and, through required subcontract clauses, to contractors and subs on federal jobs. Private projects are governed by state law and the contract.

How long does a prime contractor have to pay a subcontractor on a federal job?

Seven days after receiving the agency's payment for the sub's work, under 31 U.S.C. 3905 and FAR 52.232-27, unless the prime properly withholds with written notice.

What interest rate applies to late federal payments?

The rate the Treasury publishes for each six-month period. Check the current rate on the Bureau of the Fiscal Service prompt payment page.

Can a contract waive prompt payment rights?

On federal jobs the subcontract clauses are required by statute. For state laws it depends on the state; some void contract terms that try to waive them.

Sources

  1. Cornell LII: 31 U.S.C. 3903, Regulations
  2. Cornell LII: 31 U.S.C. 3905, Payment provisions relating to construction contracts
  3. Acquisition.gov: FAR 52.232-27 Prompt Payment for Construction Contracts
  4. Bureau of the Fiscal Service: Prompt Payment interest rates
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

Get a free assessment