---
title: "Note whether a progress payment is required under the opened payment statute"
url: "https://ailawframework.com/practice/construction-and-infrastructure/note-whether-a-person-is-entitled-to-a-progress-payment/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-JU20261022-15-US"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Note whether a progress payment is required under the opened payment statute

> From the contract, record whether the lawyer has marked a Virginia private construction contract, a Virginia public contract, or a federal agency acquisition.…

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/note-whether-a-person-is-entitled-to-a-progress-payment/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the contract, record whether the lawyer has marked a Virginia private construction contract, a Virginia public contract, or a federal agency acquisition. List the payment provision the opened section requires for that regime. Do not decide that a person is entitled to be paid. |
| What the lawyer must review | Undertaking construction work does not, under the sections opened here, create a national entitlement to a progress payment. Virginia Code § 11-4.6 says the parties to a construction contract between an owner who is not a public body and a general contractor shall include a provision that the owner pay within 60 days of the invoice for the completed portion, and it deems a subcontract to include the subcontractor payment timing in subdivision B 2. Virginia Code § 2.2-4354 says a contract awarded by a state agency, or by a local-government agency in accordance with § 2.2-4352, shall include the payment clauses in that section. 31 U.S.C. § 3903 requires agency regulations to provide for interest on a progress payment, including a monthly percentage-of-completion or milestone payment, that the agency has approved as payable under subsection (b) and that remains unpaid for more than 14 days after receipt of the payment request, or for a longer period specified in the solicitation. You decide whether this contract is a construction contract under the Virginia definition, whether an exception applies, and whether anyone is entitled to be paid. |
| Written for | United States |
| Applies to | [Note whether a person is entitled to a progress payment](https://ailawframework.com/practice/construction-and-infrastructure/note-whether-a-person-is-entitled-to-a-progress-payment.md) |

## Checking plan

- What the AI does: From the contract, record whether the lawyer has marked a Virginia private construction contract, a Virginia public contract, or a federal agency acquisition. List the payment provision the opened section requires for that regime. Do not decide that a person is entitled to be paid.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 3903 directs what the regulations must require of an agency. It does not entitle a contractor on a private project to a progress payment.
- Contracts awarded solely for professional services are outside the § 11-4.6 definition of a construction contract.

## Sources

- [Code of Virginia § 11-4.6, Required contract provisions in construction contracts](https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.6/) (checked 2026-10-22)
- [Code of Virginia § 2.2-4354, Payment clauses to be included in contracts](https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4354/) (checked 2026-10-22)
- [31 U.S.C. § 3903, Regulations](https://www.law.cornell.edu/uscode/text/31/3903) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*