Prompt payment

Oregon prompt payment act and retainage rules

Oregon has prompt payment rules for both public and private construction. Private owners pay within 14 days of a billing and GCs pay subs within 7 days; public agencies pay monthly with automatic interest, GCs pay subs within 10 days, and retainage is capped at 5 percent on both.

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.

Oregon regulates payment timing on both sides of the market. On public improvement contracts, ORS 279C.570 requires monthly progress payments, starts interest automatically when the agency is late, and caps retainage at 5 percent of each payment. ORS 279C.580 makes the prime pay first-tier subs within 10 days out of what the agency pays. On private commercial work, ORS 701.625 gives the owner 14 days to pay a billing, and ORS 701.630 gives the GC 7 days to pay a sub once the owner's money arrives. ORS 701.420 sets the same 5 percent retainage ceiling for owners, contractors, and subs.

Oregon payment and retainage rules at a glance
RulePrivate workPublic work
Owner pays prime14 days after the billing is received; final payment 7 days after the owner approves the work, unless an extended period is properly disclosed (ORS 701.625(3))Monthly progress payments on approved estimates; interest starts at the earlier of 30 days after the invoice or 15 days after approval (ORS 279C.570(2))
Prime pays sub7 days after the GC receives payment for that sub's work (ORS 701.630(2))10 days out of amounts the agency pays, through a required subcontract clause (ORS 279C.580(3)(a))
Late interest1.5% per month on late owner payments (ORS 701.625(11)) and on late sub payments from the eighth day (ORS 701.630)Three times the Fed discount rate on 90-day commercial paper, capped at 30% (agency); 9% per year on sub payments not made within 30 days (ORS 279C.515(2))
Retainage cap5% of the contract price of work completed (ORS 701.420(1))5% of each progress payment (ORS 279C.570(7))
Retainage reductionNot required by statuteAgency may reduce or end it after 50% complete on written application with surety approval; may cut to 100% of remaining work at 97.5% complete
Release and interest1% per month on final payment starting 30 days after completion and acceptance (ORS 701.420(2))Paid with final payment; 1.5% per month starting 30 days after completion and acceptance (ORS 279C.570(8))
EscrowOlder contracts over $500,000 required an interest-bearing escrow; HB 4006 (2024) dropped that for contracts signed on or after March 7, 2024 and added a bond in lieu option for large commercial jobs (ORS 701.435)Same 2024 change to the $500,000 escrow rule; contractor may post securities or a surety bond in lieu of cash retainage (ORS 279C.560)

Private jobs: Oregon's 14-day and 7-day clocks

The private prompt payment act in ORS 701.620 to 701.645 applies to commercial and multifamily work. It does not reach buildings covered by the Low-Rise Residential Dwelling Code, public contracts, or housing reserved for renters at or below 80 percent of area median income. If the job is expected to take 60 days or more, the owner must make progress payments on a monthly billing cycle unless the contract clearly sets another cycle.

The owner pays a progress billing within 14 days of receiving it, and pays all remaining amounts within 7 days after approving the work. A billing is deemed certified 10 days after the owner gets it, unless the owner issues a written statement listing the items it will not approve. Owners can stretch these periods, but only by stating the extended period in a clear and conspicuous way and printing a statutory notice on every page of the drawings and specifications. That notice is easy to spot during bid review, and it is worth looking for before you price a job.

Down the chain, a GC that receives payment for a sub's work pays that sub within 7 days, and a first-tier sub pays its own subs and suppliers within 7 days of being paid. The sub has to submit a proper billing and the lien waivers its subcontract requires. Late money earns 1.5 percent per month from the eighth day, and the winner of a suit to collect interest recovers attorney fees.

Suspension rights that a contract cannot take away

ORS 701.635 lets an original contractor suspend work on 7 days' written notice if the owner fails to pay a certified amount, and terminate if the suspension lasts more than a month. Subs get similar rights, with 3 days' notice when the owner has not paid and 7 days' notice when the owner paid but the GC did not. ORS 701.640 voids contract language that strips these suspension rights or forces Oregon jobs to be governed or litigated in another state.

Public improvement contracts

ORS 279C.570 says no contracting agency is exempt. Progress payments are made monthly on approved estimates, and interest runs from the earlier of 30 days after the invoice arrives or 15 days after the agency approves the payment. The agency must calculate and pay that interest with the principal; it cannot make the contractor invoice for it. If an invoice is defective, the agency has 15 days to say why, and a fix made within 7 days keeps the original clock running unless interest is paid.

Every public contract must push a 10-day payment clause down to first-tier subs, along with a standard pay application form and 45 days' written notice before the prime changes its payment forms. If the prime has not paid within 30 days of receiving the agency's money, an interest penalty applies, set by ORS 279C.515(2) at 9 percent per year and not waivable. No penalty is owed if the only reason for the late payment is that the payer itself was not paid on time. In a good faith dispute, the subcontract may let the payer hold up to 150 percent of the disputed amount.

Retainage, escrow, and bonds in lieu

On public work, the agency may hold up to 5 percent of each progress payment. After 50 percent of the work is done and progressing well, the agency may reduce or eliminate retainage, but only on the contractor's written application with the surety's written approval. At 97.5 percent complete, the agency may on its own cut what it holds to 100 percent of the value of the remaining work. Contracts signed between 2020 and March 7, 2024 that exceed $500,000 may still require retainage to sit in an interest-bearing escrow account; for newer contracts, HB 4006 is reported to have removed that rule. ORS 279C.560 lets the contractor deposit approved securities or a surety bond in place of cash retainage, and a GC that gets a bond accepted must accept like bonds from its subs.

To get final payment moving, send written notice that the work is complete. The owner or agency has 15 days to accept it or list the work still owed. If it does neither, interest on the final payment starts 30 days after that 15-day window closes. Track these dates in a retainage tracking template so the notice goes out the day the work qualifies.

Pay-if-paid clauses in Oregon

The statutes reviewed here do not expressly ban or approve pay-if-paid clauses. ORS 701.630(1) does say a sub that performs is entitled to payment from the party it contracted with, and the 7-day private flow-down runs from the GC's receipt of payment, which works like a timing rule. Read any condition precedent language closely and keep lien and bond rights alive; see Oregon mechanics lien deadlines.

Oregon's rules turn on dates: billing received, payment received, notice of completion sent. Smart Business Automator logs each pay app, payment, and retainage balance by job and by sub, so interest and release dates are visible. See construction accounts receivable automation.

Frequently asked questions

How long does a private owner in Oregon have to pay a contractor?

ORS 701.625 sets 14 days after the billing is received for progress payments and 7 days after the owner approves the work for final payment. An owner can extend those periods only with conspicuous notice on the drawings and specifications.

How fast must an Oregon GC pay a subcontractor?

On private work, within 7 days after the GC receives payment for that sub's work. On public improvement contracts, the required subcontract clause sets 10 days out of amounts the agency pays.

What is the retainage limit in Oregon?

Five percent. ORS 279C.570 caps public retainage at 5 percent of each progress payment, and ORS 701.420 caps retainage held by owners, contractors, and subs at 5 percent of the contract price of work completed.

Does Oregon still require retainage escrow?

Only on some older contracts. A 2019 law required interest-bearing escrow for retainage when the contract price exceeds $500,000. HB 4006, effective March 7, 2024, is reported to have removed that requirement for contracts signed on or after that date. Check your contract date and the current statute text.

Does Oregon's private prompt pay law cover homes?

No. ORS 701.645 excludes buildings subject to the Low-Rise Residential Dwelling Code, public contracts, and certain affordable rental housing.

Sources

  1. OregonLaws (official ORS text): ORS 279C.570, prompt payment policy, retainage, interest
  2. OregonLaws (official ORS text): ORS 279C.580, contractor's relations with subcontractors
  3. OregonLaws (official ORS text): ORS 279C.560, form of retainage
  4. OregonLaws (official ORS text): ORS 279C.515, payment of claims and interest
  5. OregonLaws (official ORS text): ORS 701.625, progress payments
  6. OregonLaws (official ORS text): ORS 701.630, payments to subcontractors and material suppliers
  7. OregonLaws (official ORS text): ORS 701.420, partial payment and retainage
  8. OregonLaws (official ORS text): ORS 701.645, contracts not covered
  9. Miller Nash: Oregon construction owners and lenders are affected by new retainage law (HB 4006)

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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