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are contracts for TJJD McClennon County (Mart Texas) subject to prompt payment

We do work service work directly for the facility and get paid promptly. A project was put out for bid last year and is just starting. We are under the "GC" and "another Subcontractor" for the project. the payment terms i am being asked to accept are 60NPR by submitting their forms back to them. Is (60NPR) 60day Next Payment Run compliant with prompt payment statute. are these system upgrade projects with TJJD subject to prompt payment statute?

1 reply

Apr 1, 2020

The answer is probably not. Chapter 28 does not appear to apply to governmental projects. Section 28.001(4) provides that, for purposes of Chapter 28, the term “owner” means “ “Owner” means “a person or entity, other than a governmental entity, with an interest in real property that is improved, for whom an improvement is made, and who ordered the improvement to be made.” However, the prompt payment statute is certainly not your only argument in seeking to get paid.

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