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Home / DOT Specifications / Utah / Standard Specifications / 01284
General Specifications (00100-01500)

01284Prompt Payment

UT · 2026 Standard Specifications✓ Full text on BuildSpecRev. September 16, 2021Book pages 139–141 Save this section

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PROMPT PAYMENT

PART 1 GENERAL

1.1SECTION INCLUDES

A.Prompt Payment
B.Payment Delay and Withholding
C.Failure to Make Prompt Payment
D.Retention Not Withheld

1.2RELATED SECTIONS Not Used

1.3REFERENCES Not Used

1.4DEFINITIONS Not Used

1.5SUBMITTALS Not Used

1.6PROMPT PAYMENT

A.Pay subcontractors no later than 30 calendar days after receiving payment

from the Department.

B.Enter the dates and amounts into the Department’s business system

within 30 calendar days of receiving payment from the Department for each payment that is sent to each subcontractor.

1.The Contractor’s entry date deadline is measured from the date the

pay estimate is paid by the Department’s comptroller.

2.The Department considers the entry of payments into the

Department's business system as an affidavit certifying prompt payment by the Contractor.

C.Maintain prompt payment records for leases, task orders, purchase

orders, suppliers and any other agreements for services or materials for audit purposes for at least three years.

Prompt Payment

1.7PAYMENT DELAY AND WITHHOLDING

A.Delay or withhold payment from any subcontractor only for cause and

document the reason in the comments area of the Department’s business system.

1.Acceptable cause for payment delay includes:
a.Subcontractor has not invoiced the Contractor
b.Subcontractor has not provided all federally required

documents, including certified payroll, EEO documents.

2.Acceptable cause for payment withholding includes:
a.Disincentives assessed that were the fault of the

subcontractor

b.Claims that were caused by the subcontractor’s work
3.Obtain Department approval for any other cause.
4.The Department may hold the dollar amount of delayed or withheld

payment to a subcontractor from future estimates on items of work performed by the Contractor if payment is held without cause.

B.Notify the subcontractor in writing immediately after cause is identified and

list the deficiencies.

C.Issue payment to subcontractor within ten calendar days of receiving

documentation demonstrating correction of deficiencies that led to the delay or withholding.

1.8FAILURE TO MAKE PROMPT PAYMENT

A.The Contractor is considered non-compliant if no payment is made to the

subcontractor within 30 calendar days and there are no comments in Department’s business system explaining why the subcontractor’s payment is being delayed or withheld.

1.The Engineer will notify the Contractor upon determination of failure

to make prompt payment.

2.Make prompt payment and document the payment in the

Department’s business system within ten calendar days of receiving notification.

B.The Department may employ other mechanisms consistent with this

Section and applicable state and local law, beginning ten calendar days after notification by the Department, until payment is paid in full.

1.Other mechanisms may include:
a.A disincentive of $100 per day for the first two weeks, then

increasing to $250 per day until payment is made for each subcontract that is not promptly paid.

Prompt Payment

b.Holding payments on items of work performed by the

Contractor until subcontractors are paid for the work they have performed.

C.The Department considers repeated failure to make prompt payment a

violation for which the Contractor may be subject to one or more of the following measures:

1.Forfeit the privilege of bidding on Department projects.
2.Forfeit the privilege of having a subcontract to perform work or

supply materials on Department projects.

D.The Department may consider additional measures up to and including

debarment for repeated failure to make prompt payment.

1.Failure to pay subcontractors promptly may affect Contractor’s

rating, which will also affect the Contractor’s prequalification amount.

1.9RETENTION NOT WITHHELD

A.The Department will not hold retention on this project. Pursuant to Utah

State Code § 13-8-5 (1) the Contractor and subcontractors cannot hold retention.

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

END OF SECTION

Prompt Payment

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Source: Utah Standard Specifications for Road and Bridge Construction, 2026 Edition. Pages 139–141 of 1,331. View official source ↗
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