Check a construction contract payment period against the statutory due date
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract and the invoice or payment-request date the lawyer marks, name one regime: Virginia private owner to general contractor, Virginia private contractor to subcontractor, Virginia public contract, or a federal agency acquisition. Calculate only the clock stated for that regime, and set beside it any earlier date the contract states. Leave the other regimes blank. Do not decide that a clause is ineffective.
- What the lawyer must review
- There is no single national due date. Use only the regime you mark. Virginia Code § 11-4.6 requires a private owner and general contractor to include a provision that the owner pay within 60 days of receipt of an invoice following satisfactory completion of the portion invoiced. If the owner withholds, the owner notifies the general contractor within 45 days of receipt of the invoice, in writing, of the intention to withhold, the reason, the contractual noncompliance, and the dollar amount. A subcontract under that section requires payment within the earlier of 60 days of receipt of an invoice following satisfactory completion of the portion invoiced, or seven days after receipt of amounts paid by the owner to the general contractor or by the contractor to the subcontractor. A withhold notice to the subcontractor is due within 50 days of the invoice and states the reason, the contractual noncompliance, the dollar amount, and the subcontractor responsible. Virginia Code § 2.2-4354, for a state-agency contract or a local-government contract in accordance with § 2.2-4352, requires a clause that the contractor, if not paid by the agency for the subcontractor's work, pay the subcontractor within 60 days of the invoice following satisfactory completion, and a clause that within seven days after receipt of amounts paid by the agency the contractor either pay the proportionate share or notify the agency and the subcontractor in writing of the intention to withhold and the reason. For a federal agency, 31 U.S.C. § 3903 requires regulations to provide for interest on a progress payment that the agency has approved as payable and that remains unpaid for more than 14 days after receipt of the payment request by the place or person the agency designates, or for a longer period specified in the solicitation so the Government can inspect the work. That federal clock is an interest rule for an agency acquisition. You adopt the date.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.