Okla. Stat. tit. 61, § 61-225
This is the official text of Okla. Stat. tit. 61, § 61-225, part of Oklahoma’s Stat. tit. 61, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 61,." Browse the sections below, each linked to its official government source.
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Suspension or termination of construction contract -
Official statutory text
Payment.
A. Any prime contractor that performs work under a construction
contract may suspend performance of the work or may terminate a
construction contract if the prime contractor is not properly paid
within forty-nine (49) calendar days of the date that the
corresponding proper invoice is submitted. Written notice must be
received by the owner at least seven (7) calendar days before any
such intended suspension or termination.
B. A prime contractor or any entity that suspends performance
due to the suspension of a prime contractor, is not required to
Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 70
furnish further performance until such entity is paid for the full
amount, less retainage, of work performed, material supplied, or
services rendered, together with any costs incurred for
demobilization, mobilization and other costs attributable to delay
of the work resulting from the shutdown and start-up of a project.
C. Any entity that suspends performance of the work or
terminates a construction contract for nonpayment under this act
shall not be held in breach of the construction contract.
D. If the owner delays in making payments to the prime
contractor, any agreed-upon schedule or completion date and their
resulting penalties, damages, bonuses, or rewards shall be extended
by the same amount of calendar days that payments were late.
E. If a payment to a prime contractor is received later than as
specified in this act, that prime contractor shall be entitled to
receive interest pursuant to Section 41.4b of Title 62 of the
Oklahoma Statutes. If the prime contractor has already paid a
subcontractor, then no interest is due and owing to the
subcontractor. If interest is paid to a prime contractor as
provided herein, then any subsequent timely payment made to a
subcontractor shall bear interest at the same rate paid to the prime
contractor. If a prime contractor fails to timely pay a
subcontractor, such payment to a subcontractor shall bear interest
at the rate of one and one-half percent (1 1/2%) per month.
A. Any prime contractor that performs work under a construction
contract may suspend performance of the work or may terminate a
construction contract if the prime contractor is not properly paid
within forty-nine (49) calendar days of the date that the
corresponding proper invoice is submitted. Written notice must be
received by the owner at least seven (7) calendar days before any
such intended suspension or termination.
B. A prime contractor or any entity that suspends performance
due to the suspension of a prime contractor, is not required to
Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 70
furnish further performance until such entity is paid for the full
amount, less retainage, of work performed, material supplied, or
services rendered, together with any costs incurred for
demobilization, mobilization and other costs attributable to delay
of the work resulting from the shutdown and start-up of a project.
C. Any entity that suspends performance of the work or
terminates a construction contract for nonpayment under this act
shall not be held in breach of the construction contract.
D. If the owner delays in making payments to the prime
contractor, any agreed-upon schedule or completion date and their
resulting penalties, damages, bonuses, or rewards shall be extended
by the same amount of calendar days that payments were late.
E. If a payment to a prime contractor is received later than as
specified in this act, that prime contractor shall be entitled to
receive interest pursuant to Section 41.4b of Title 62 of the
Oklahoma Statutes. If the prime contractor has already paid a
subcontractor, then no interest is due and owing to the
subcontractor. If interest is paid to a prime contractor as
provided herein, then any subsequent timely payment made to a
subcontractor shall bear interest at the same rate paid to the prime
contractor. If a prime contractor fails to timely pay a
subcontractor, such payment to a subcontractor shall bear interest
at the rate of one and one-half percent (1 1/2%) per month.
Status: in_force · Read it on the official government site
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