Partner, Rosemary Nunn, Co-Presented the topic: "Give me the Definition of 'Prompt' - Defining Prompt Payment Laws for Every Tier of Construction" at the October Associated General Contractors Annual Conference in Huntington Beach, California.
The presentation answered questions for General Contractors, such as:
Is California’s prompt pay act any different than other states?
Do I have to send a letter, file anything, or register with the DIR to qualify for prompt pay penalties or remedies in California?
Can the owner withhold payment indefinitely even though I did the work?
As the prime, how long after I get paid do I have to pay my subs?
As the prime, can I legally refuse payment to a subcontractor who performed work under contract, despite the Prompt Pay Act?
My subcontract says I only get paid when the prime gets paid. Is that legal?
Can I suspend work if I don’t get paid?
My owner pays, but they are just really slow and its hurting our bottom line. What can I do to get them to comply with the rules?
I’m in a joint venture. I want to escalate this but my partner does work for this owner on other projects and doesn’t want to rock the boat. What should I do?
I know my owner violated the act. What should I do next?
Can I include interest or other penalties in my demand?
Can I get my attorney fees?
Can I include prompt pay fees or penalties in my mechanics lien or bond claim?
I don’t want to be in this position again. In the future, should I put something in my contracts to better protect me?
These and other questions were answered during Rosemary's presentation and highlighted her experience in the field of Construction Law.