General Assembly proposes law to ban pay-if-paid clauses in construction contracts

February 20, 2025 | House Bills, Introduced Bills, 2025 Bills, Connecticut Legislation Bills, Connecticut


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General Assembly proposes law to ban pay-if-paid clauses in construction contracts
The Connecticut State Legislature convened on February 20, 2025, to introduce House Bill 5685, a significant piece of legislation aimed at reforming payment practices within the construction industry. The bill seeks to prohibit "pay-if-paid" clauses in construction contracts, which often delay payments to subcontractors and suppliers until the contractor receives payment from the project owner.

Key provisions of House Bill 5685 include a mandate that all construction contracts must ensure timely payments. Specifically, it requires that owners pay contractors and subcontractors within thirty days of a written payment request. Additionally, contractors are obligated to pay subcontractors and suppliers within seven days of receiving payment from the owner, or within sixty days of the subcontractor's work completion, whichever comes first.

The introduction of this bill has sparked notable discussions among lawmakers, industry stakeholders, and advocacy groups. Proponents argue that the legislation will enhance cash flow for subcontractors and suppliers, who often face financial strain due to delayed payments. They emphasize that timely payments are crucial for maintaining a stable workforce and ensuring the overall health of the construction sector.

Conversely, some opposition has emerged from contractors who argue that the bill could impose undue financial pressure on them, particularly in projects with tight margins. Concerns have been raised about the potential for increased costs and administrative burdens associated with compliance.

The economic implications of House Bill 5685 are significant. By ensuring prompt payments, the bill aims to bolster the financial stability of smaller construction firms and suppliers, potentially leading to job retention and growth within the industry. Socially, it addresses longstanding issues of fairness and equity in payment practices, particularly benefiting those who often bear the brunt of delayed payments.

As the bill progresses through the legislative process, experts suggest that its passage could set a precedent for similar reforms in other states, reflecting a growing recognition of the need for fair payment practices in the construction industry. The next steps will involve further discussions and potential amendments as lawmakers weigh the interests of all parties involved.

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