Owner to Prime Contractor (Private): N/A for progress payments. Final payment due 45 days after the later of receipt of invoice or certificate of occupancy.
Prime Contractor to Subcontractor (Private): 30 days after receipt of payment from owner. Final payment due 10 days after receipt of payment from owner.
Interest/Penalties (Private): Subcontractors: interest at a rate of 1% per month plus reasonable costs of collection and attorney fees. Contractors: attorneys’ fees awarded to prevailing party.
Owner to Prime Contractor (Public): Unless otherwise provided by contract, 60 days after receipt of invoice. Final payment due 45 days after later of invoice or certificate of occupancy.
Prime Contractor to Subcontractor (Public): 30 days after receipt of payment from owner. Final payment due 10 days after receipt of payment from owner.
Interest/Penalties (Public): Prime contractor: Interest at the IRS refund rate plus 2% for prime; Subcontractor: interest at a rate of 15.5% per annum. Attorneys’ fees awarded to prevailing party
Pay-If-Paid Permissible: Yes, but clause is not a defense to a lien claim.
Special Notes: These provisions do not apply to contracts involving, in whole or in part, federal fund.
Disclaimer: This information was published on July 1, 2020. Please contact Josh Levy, Eric Meier or Samantha Schacht for modifications made by Utah since that date. Visit our 50-State Construction Law Map for information on other states.