Home>Levelset Community>Legal Help>Construction bill payment

Construction bill payment

UtahPrompt Payment

A siding contractor installed nw aluminum facia and rain gutters, plus did some stucco repair work. The charge is 18k. I received it 2 weeks ago Money I expected to pay him has been delayed. Do I legally have 45 days to pay the bill, without penalty? Thanks Dave

1 reply

Sep 23, 2021

The parties to a construction contract can agree to specific payment schedules. If you have signed anything, then you should review that to see if it speficies a payment schedule or deadline. If you are holding "retention" (which is usually a percentage of payment withheld from progress payments used to ensure completion of the work), then payment of that retentiaon is generally due 45 days after the completion of the project. "Retention" withheld after that time could be subject to an interest rate of 2% per month. Here is the statute relating to retention: If none of those situations apply, you should discuss with an attorney when a court might determine the payment is due. You should be aware that the interest rate for construction work is 10% per annum (See Utah Code 38-1a-309 and 15-1-1).

Finally, note that if your written or verbal agreement established a penalty for a late payments, then you should discuss with an attorney to see whether that penalty is enforceable (penalties are generally not enforceable, while administrative fees generally are). 

0 people found this helpful