North Dakota Prompt Payment Guide and FAQs

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North Dakota Prompt Payment Overview

North Dakota Prompt Payment Requirements


  • Private Jobs
  • Public Jobs
  • Top Links
NO
DAYS
Prime Contractors

Not specified in state statutes


NO
DAYS
Subcontractors

Not specified in state statutes


NO
DAYS
Suppliers

Not specified in state statutes


NO
Interest & Fees

Not specified in state statutes

45
DAYS
Prime Contractors

For Prime (General) Contractors, payment due within 45 days from invoice. Can be modified by contract.


45
DAYS
Subcontractors

For Subcontractors, payment due within 45 days from payment received from above.


45
DAYS
Suppliers

For Suppliers, payment due within 45 days from payment received from above.


1.75%
/ MONTH
Interest & Fees

Interest at 1.75% month, may be modified by contract.

Prompt payment laws are a set of rules that regulate the acceptable amount of time in which payments must be made to contractors and subs. This is to ensure that everyone on a construction project is paid in a timely fashion. These statutes provide a framework for the timing of payments to ensure cash flow and working capital.

Projects Covered by Prompt Payment in North Dakota

The prompt payment laws in North Dakota only regulate public works projects within the state. These can be found in N.D. Cent. Code §13-01.1-01 et seq. There are no provisions covering payments on private projects, those will be regulated by the terms of the contract.

Payment Deadlines for Public Projects

Payments made from the public entity to the prime contractor will be determined by the contract terms. However, if the contract is silent, then the prompt pay deadlines are enforced, which requires payments to be made to the prime contractor within 45 days of receipt of a request for payment. As for payments to subcontractors and suppliers down the payment chain, payments must be made within 45 days of the higher-tiered party receiving payment.

Penalties for Late Payment on Public Projects

If payment is either late or wrongfully withheld, the unpaid balance will be subject to interest penalties. Interest will accrue at the rate specified in the contract. If there is no interest rate provision, interest will accrue at 1.75% per month until payment is made. The interest will be compounded every 45 days until the payment is made. Meaning at the end of each delinquent 45-day period the interest accrued will be added to the principal and begin accruing interest on the increased amount on the following 45-day period.

North Dakota Prompt Payment Frequently Asked Questions

North Dakota’s prompt payment statutes set forth specific timeframes for when general contractors, subcontractors, suppliers, and others involved with a public construction project must be paid. This page provides an overview of these regulations and addresses frequently asked questions related to the North Dakota prompt payment laws.

North Dakota Prompt Payment Private Projects FAQs

Does North Dakota have prompt payment statute on private projects?

North Dakota does not provide a prompt payment statute for private projects.

North Dakota Prompt Payment Public Projects FAQs

Do I have to send a letter or file anything to qualify for Prompt Payment Penalties or Remedies in North Dakota?

In order for the requirements of the North Dakota prompt payment act to apply, a proper invoice or request for payment along with the completion of an item of labor and/or materials furnished is necessary.

Can I include Prompt Payment Fees in my North Dakota Mechanics Liens Claim or Bond Claim?

No. North Dakota doesn’t allow miscellaneous amounts to be included on the face of a bond claim.

If I am paid late according to prompt payment statutes, can I obtain interest or other penalty payments?

In North Dakota, interest begins to accrue upon the payment becoming late with no other specific notice required. However, note that amounts withheld due to a dispute over the amount due or compliance with the contract do not accrue interest.

Are there reasons for which payment may be withheld past the general deadline?

North Dakota law does not specifically define the reasons for which payment may be withheld. It is likely that the parties’ contracts would determine the specific acceptable reasons to withhold payment.

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North Dakota Prompt Payment
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North Dakota Prompt Payment Statutes

Getting informed about prompt payment laws is important. An examination of North Dakota prompt payment laws, the rules and regulations related to payment timing, is important to know your rights and responsibilities as a party on a construction project. North Dakota’s specific laws can be found in: N.D. Cent. Code §§ 13-01.1-01 – 13-01.1-06, and are reproduced below.

Prompt Payment Statute on Private Projects

Does North Dakota have prompt payment statute on private projects?

North Dakota does not provide a prompt payment statute for private projects.

Prompt Payment Statute on Public Projects

13-01.1-01. Prompt payment Required

Every state agency, political subdivision, or school district, which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service on the date required by contract between such business and agency or, if no date for payment is specified by contract, within forty-five days after receipt of the invoice covering the delivered items or services. The acquisition of property includes the rental of real or personal property.

13-01.1-02. When interest payment required

Interest must accrue and be made on payments overdue under section 13-01.1-01 at the rate of one and three-fourths percent per month, unless a different rate is specified within the contract upon which the claim is based. Interest must accrue beginning on the day after payment is due, if payment due date is specified by contract, or on the day of receipt of the invoice covering the delivered goods or services, if payment is not made within forty-five days. Interest ceases to accrue on the date payment is made.

13-01.1-03. Interest must compound

Any interest which remains unpaid at the end of any forty-five-day period or which remains unpaid at the end of any specified period provided by contract must be added to the principal amount of the debt and must thereafter accumulate interest.

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13-01.1-04. Additional appropriation prohibited

An agency of the state is prohibited from seeking additional appropriations to pay interest which accrues as a result of the agency’s failure to make payments as required by section 13-01.1-01.

13-01.1-05. When this chapter is inapplicable

If the agency or business fails to timely pay interest as required by sections 13-01.1-02 and 13-01.1-06 and the failure is the result of a dispute between the agency and the business, or a dispute between the business and a subcontractor or supplier, over the amount due or over compliance with the contract, the provisions of this chapter are inapplicable. If the settlement of a dispute is found in favor of the business, or the subcontractor or supplier, interest must accrue and be paid as provided in section 13-01.1-03.

13-01.1-06. Subcontractor prompt payment required

Upon payment by a state agency, political subdivision, school district, or agency of the United States, a business which has acquired under contract, property or services in connection with its contract with such agency, political subdivision, or school district, from a subcontractor or supplier, shall pay such subcontractor or supplier within forty-five days after payment from such agency. Interest at the rate specified in section 13-01.1-02 accrues and is due any subcontractor or supplier who is not paid within forty-five days after the business receives payment from the agency, political subdivision, or school district, unless otherwise provided by contract between the business and the subcontractor or supplier.

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