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.