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Bill Detail: HB20-1046

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Title Private Construction Contract Payment Requirements
Status House Committee on Business Affairs & Labor Postpone Indefinitely (02/18/2020)
Bill Subjects
  • Business & Economic Development
House Sponsors D. Valdez (D)
Senate Sponsors J. Gonzales (D)
House Committee Business Affairs and Labor
Senate Committee
Date Introduced 01/08/2020
Description

In a construction contract of at least $150,000, the bill requires:
  • A property owner to make partial payments to the
contractor of any amount due under the contract at the end
of each calendar month or as soon as practicable after the
end of the month;
  • A property owner to pay the contractor at least 95% of the

value of satisfactorily completed work;
  • A property owner to pay the withheld percentage within 60
days after the contract is completed satisfactorily;
  • A contractor to pay a subcontractor for work performed
under a subcontract within 30 calendar days after receiving
payment for the work, not including a withheld percentage
not to exceed 5%;
  • A subcontractor to pay any supplier, subcontractor, or
laborer who provided goods, materials, labor, or equipment
to the subcontractor within 30 calendar days after receiving
payment under the subcontract; and
  • A subcontractor to submit to the contractor a list of the
suppliers, sub-subcontractors, and laborers who provided
goods, materials, labor, or equipment to the subcontractor
for the work.
The bill does not apply to contracts with public entities or to a
contract concerning one multi-family dwelling of no more than 4 units or
one single-family dwelling. A person who fails to make a required
payment must pay 1.5% interest per month until the debt is fully paid. In
a lawsuit to enforce the bill, the prevailing party is awarded attorney fees
and costs.

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