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Foundations News Blog

Tennessee State Legislature Passes New Payment Protection Laws for GCs, Subs

7/8/2020

 
After a year and a half of a concerted effort with construction associations across the state, last week the House and State passed HB0271 adding new payment protections that mitigate risks for GCs and subs. The highlights include:
  • Requires the owner to pay all retainage for work completed to the GC within 30 days (instead of 90 days) from the last day of the month of receipt of use or occupancy permit, or work is completed or substantial completion of the project for work is completed;
  • Extends the timeframe of the notice of nonpayment served to the owner or prime contractor from 90 days to 12 months;
  • Removes the receipt of a certificate of substantial completion from an architect and beginning use as specific triggering events for payment of retainage;
  • Does not change the 10-day period time limit for paying retainages to subcontractors, sub-subcontractors, and material suppliers;
  • Deletes provision that authorizes a prime contractor to include a condition precedent for payment in a contract with a remote contractor stating the prime contractor is not obligated to pay the remote contractor until the prime contractor is paid by the construction owner client.
  • Establishes a prime contractor, or remote contractor in respect to a prime contractor, may suspend performance of work, without penalty, and receive payment of late fees, if payment is not received from a construction owner client in accordance with a written contract.

Click here for a link to the full bill
Click here for a link to the summary

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  • Home
  • About Us
    • Who We Are
    • AGC of America
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    • Leadership >
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      • Past Board Chairs
    • Committees
    • Chapter Sponsors
    • BLOC / Building Leaders of Chattanooga >
      • BLOC Committee Selection
      • BLOC Application
    • Member Benefits >
      • Worker's Compensation
      • Primary Health Care
      • Member Discounts: AGC of America
      • Member Discounts: NPP
      • Private Insurance Exchange
      • 401K For Employers
    • Join Us! >
      • Membership Application
    • Advertise With Us
    • Staff / Contact Us
  • Member Directory
    • Member Directory
    • Map of Members
    • Member Login
  • Industry
    • Legislative Priorities
    • Tennessee Contractor Licensing FAQs
    • About Our Workforce
    • Workforce Development Initiatives
    • AGC of America Advocacy
  • Events
    • Construction Leadership Course
    • Event Calendar
    • Educational Course Survey
    • Event Photo Galleries >
      • 2022 Spring Golf Benefit
      • 2022 Bass Fishing
      • Hard-Hatted Women Ninja Warrior Night!
      • 2022 Day on the Hill
      • 2022 Annual Meeeting
      • 2022 Top Golf Night
      • Christmas Party 2022
      • Construction Career Center Groundbreaking
      • 2021 Fall Golf Gallery
      • 2021 BIG PIG BBQ Contest
      • 2021 Sporting Clay Shoot
      • May 2021 Member Meeting
      • 2021 Spring Golf Benefit
      • 2021 Bass Fishing
      • 2021 BLOC New Member Reception
      • 2020 Clay Shoot Gallery
      • 2020 Annual Meeting
      • 2019 Christmas Party
      • 2019 Clay Shoot
      • 2019 Fall Golf Tournament
      • 2019 BRIC Awards
      • 2019 BIG PIG BBQ Contest
      • 2019 Spring Golf Tournament
      • 2019 Bass Fishing
      • BLOC Gallery
    • Build Your Future
    • Scholarships
    • AGC Student Chapters
  • News
  • Plan Room / Print Shop
    • Member's Plan Room Access
    • Virtual Planrooms