Oklahoma’s Fair Pay for Construction Act

Oklahoma’s Fair Pay for Construction Act applies to public contracts, and requires prompt payment of contract monies to contractors and subs.

Here are the Act’s highlights:

• The awarding agency must make progress payments within 30 days after submission of an invoice.
• The awarding agency cannot reduce an invoice of a prime contractor without describing the reasons for reduction within 14 days.
• A prime contractor and/or sub cannot reduce the invoice payment due others without forwarding the reasons for reduction within 7 calendar days.
• Subs are entitled to receive payment no later than 10 calendar days after the prime contractor receives its corresponding payment.
• Retainage cannot exceed 10% but once the gross amount invoiced equals 50% of the contract amount, maximum retainage allowed is 5%.

The Act has numerous exceptions and limitations.  For example, it does not apply highway construction.