Rosemary Nunn, Co-Presenter at 2019 Associated General Contractors Annual Conference

Rosemary Nunn, Co-Presenter at 2019 Associated General Contractors Annual Conference

10.18.2019

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.