Prompt payment

Connecticut prompt payment act and retainage rules

On private commercial jobs over $25,000, Connecticut owners must pay within 30 days of a written request, GCs pay subs within 25 days of being paid, and retainage is capped at 5 percent. Public work runs on its own statutes with a 30-day flow-down and separate retainage limits.

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Connecticut has two sets of payment rules. Private construction contracts are governed by Conn. Gen. Stat. §§ 42-158i to 42-158r, which require the owner to pay within 30 days of a written payment request, require the contractor to pay subs and suppliers within 25 days of receiving the owner's payment, and cap retainage at 5 percent. Public work runs under § 49-41a (a 30-day flow-down from GC to sub), § 49-41b (retainage limits by type of awarding authority), and § 4a-71 (late-payment interest owed by state agencies). Interest on late private and public sub payments is 1 percent per month, but it only starts after you send a certified or registered mail notice.

Connecticut payment and retainage rules at a glance
RulePrivate work (§ 42-158i et seq.)Public work
Owner pays prime30 days after a written payment request (§ 42-158j(a)(1))State agencies: date in the contract, or 45 days after a proper claim if none (§ 4a-71)
Prime pays sub25 days after the GC is paid (§ 42-158j(a)(2))30 days after the state or town pays the GC (§§ 49-41a, 49-41c)
Sub pays sub-tier25 days after the sub is paid (§ 42-158j(a)(3))30 days after the sub is paid (§ 49-41a(a)(2))
Late interest1% per month once 10 days pass after a certified mail notice, counted from the day the notice is received (§ 42-158j(c))Subs: 1% per month after notice (§ 49-41a(c)). State agency: STIF monthly yield (§ 4a-71)
Retainage cap5% of each progress payment (§ 42-158k)State agencies 7.5%, dropping to 5% at 50% complete; DOT 2.5%; municipalities 5% (§ 49-41b)
Retainage release30 days after final completion certificate or written acceptance (§ 42-158k)Contract terms; reduction at 50% paid within 90 days of a complete application (§ 49-41b)
EscrowRetainage held in a Connecticut bank escrow; 1.5% per month if not deposited or released (§ 42-158p)Claim amounts can be escrowed on demand (§ 49-41a(c))

Which private jobs the act covers

The private prompt payment act reaches more than people expect. It covers contracts between owners and contractors, contractors and subs, and subs and their own subs. Under § 42-158i, though, it does not apply to public contracts, HUD-funded or HUD-insured projects, owner contracts of $25,000 or less (and the subcontracts under them), or buildings meant for residential occupancy with four or fewer units. So a $380,000 office fit-out is in. A duplex remodel is not.

The statute writes the deadlines into every covered contract. Each pay request from a contractor or sub must also include a statement showing the status of pending change orders and change directives, with the date each started, its cost, and work completed (§ 42-158j(b)). That requirement catches a lot of subs off guard, so build it into the pay app template.

How interest and escrow work on late private payments

Interest does not run automatically. If the owner or GC misses the deadline, the unpaid party has to send notice of its claim by registered or certified mail. Once 10 days pass after the notice is received, the payer owes interest of 1 percent per month, and that interest is counted from the date the notice was received (§ 42-158j(c)(4)). The party sending notice can also demand that the claim amount plus interest go into an interest-bearing escrow account at a Connecticut bank. The payer can refuse if the work was not substantially performed or the money is not due, but if a court later finds the payment was unreasonably withheld, the payer owes the money, interest, and reasonable attorney's fees. A bad-faith withholding adds 10 percent damages.

  • No cross-job withholding: a sub's payment cannot be held because of a dispute between the GC and some other contractor or sub (§ 42-158j(d)).
  • Direct demand on the owner: if the owner fails to pay the GC as required, an unpaid sub or supplier can serve a demand on the owner, with a copy to the GC by certified mail, and has a direct right of action if the owner does not pay (§ 42-158j(e)).
  • No advance lien waivers: a contract clause or periodic waiver that gives up mechanic's lien or payment bond rights for work not yet performed and paid is void (§ 42-158l).
  • Connecticut forum: clauses that force disputes on a Connecticut job to be decided elsewhere or under another state's law are void (§ 42-158m).

Private retainage: 5 percent, escrowed, and released in 30 days

Section 42-158k caps retainage at 5 percent of each progress payment for the life of the project. The cap was 7.5 percent until it was cut in 2010. The owner must pay all retainage within 30 days after issuing a certificate of final completion, or within 30 days after the owner's equivalent written acceptance of the work.

Section 42-158p adds an escrow requirement on top. Retainage must sit in an escrow account at a bank or savings and loan domiciled in Connecticut, the owner sends the contractor a monthly report on the balance, and the owner pays the account fees. An owner that fails to deposit or release retainage owes an extra 1.5 percent per month on the amount until it is paid. Owners may accept securities instead of retainage, and so may contractors from their subs. The escrow rule does not apply to residential property with four or fewer units, contracts under $25,000, or public work (§ 42-158q).

Public work: flow-down deadlines and retainage limits

On bonded public work, § 49-41a requires the GC to pay each sub within 30 days after the state or municipality pays a requisition that includes that sub's work, and the same 30-day rule flows to lower tiers. Section 49-41c lets a state contractor withhold for a bona fide reason, but only if it notifies the sub in writing within the 30 days and sends a copy to the agency. Interest at 1 percent per month starts 10 days after the sub's certified mail notice, and the escrow demand works much like the private act.

Retainage on public jobs depends on who awarded the contract (§ 49-41b). Jobs advertised by the Department of Administrative Services or other state agencies allow up to 7.5 percent, dropping to 5 percent once the contract is 50 percent complete, and the GC cannot hold more from a sub than the state holds from the GC. That reduction must be paid within 90 days after a complete application showing 50 percent completion. Department of Transportation contracts cap retainage at 2.5 percent at both tiers. Municipal contracts cap it at 5 percent. The state agency late-pay interest in § 4a-71 uses the monthly yield on the Treasurer's Short Term Investment Fund, and it does not apply to highway and road contracts or projects paid for entirely with federal funds (§ 4a-72).

Pay-if-paid clauses in Connecticut

The statutes do not ban pay-if-paid clauses by name. They do tie the GC's 25-day or 30-day clock to receipt of the owner's payment, and they void any clause that waives lien or bond rights in advance. Even if a subcontract shifts owner nonpayment risk to the sub, the sub's lien and bond claims stay intact. If a subcontract has one of these clauses, have counsel review it before signing.

Track every pay request date, certified notice date, and retainage balance by job. Smart Business Automator logs pay app submissions and retainage held on each subcontract so the 25-day and 30-day clocks are visible. See construction accounts receivable automation. Working a public job? The Connecticut prevailing wage rules apply too.

Frequently asked questions

What is the retainage limit in Connecticut?

On covered private jobs, 5 percent of each progress payment under § 42-158k. On public jobs advertised by state agencies, up to 7.5 percent, dropping to 5 percent at 50 percent complete; 2.5 percent on DOT contracts; and 5 percent on municipal contracts under § 49-41b.

How long does a Connecticut GC have to pay a subcontractor?

On covered private work, 25 days after the GC receives the owner's payment that includes the sub's work. On public work, 30 days after the state or municipality pays the GC.

Does interest start automatically on a late Connecticut payment?

No. The unpaid party sends notice by registered or certified mail, On private work, the payer becomes liable for 1 percent per month interest 10 days after the notice is received, counted from the date of receipt. On bonded public work, liability for the same rate attaches 10 days after the sub's notice is received.

Does the private act apply to home remodeling?

Not for buildings intended for residential occupancy with four or fewer units, and not for owner contracts of $25,000 or less. Those jobs follow the contract and other consumer statutes.

When must a private owner release retainage in Connecticut?

Within 30 days after the owner issues a certificate of final completion, or within 30 days after equivalent written acceptance of the work.

Sources

  1. Connecticut General Assembly: Chapter 742b, Payments under Construction Contracts (§§ 42-158i to 42-158s)
  2. Connecticut General Assembly: Chapter 847, Liens (§§ 49-41 to 49-42, public works payment and retainage)
  3. Connecticut General Assembly: Chapter 58, Purchases (§§ 4a-71 and 4a-72, prompt payment by state agencies)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

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

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