Lovein Ribman Texas Construction Law

Texas Construction Attorneys

Penalties for Non-Payment and the Right to Suspend Work Under the Prompt Payment Act?

If a Payor, without justification fails to make payment within the mandatory deadlines set forth by the Prompt Payment Act (Property Owner has 35 days from receipt of invoice and Direct Contractor (General Contractor) has 7 days to pay Subcontractors and Material Suppliers), then the statute allows the unpaid party with a few tools in which to compel payment. First, if the work is still in progress, then the unpaid party may suspend working on the Project if it has not received payment within 10 days from providing the Property Owner (and Lender if applicable) with written notice of nonpayment and its intent to cease work. The unpaid party is not required to return to the Project until it has received the payment and has been reimbursed for the costs associated with demobilizing and remobilizing to the Project. Additionally, the unpaid party is not responsible for any damage caused by the suspension. Second, an unpaid party is entitled to interest at 1.5% a month (18% annually) on the unpaid amount and reimbursement of reasonable attorneys’ fees/cost incurred to recover the amount owed.