Guide: Texas Prompt Payment Act

Texas Prompt Payment Act: how late-paid contractors and subs bridge the gap

Texas law sets payment deadlines on construction projects and adds interest when they are missed. Interest is compensation, not cash flow. Here is how to plan around both.

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What chapter 28 of the Property Code requires

Chapter 28 of the Texas Property Code is the state’s prompt-payment law for construction work. The payment-requirements section, Section 28.002, sets deadlines that start when a written payment request is received:

  • An owner must pay the contractor not later than the 35th day after the owner receives the request.
  • A contractor must pay each subcontractor its portion not later than the seventh day after the contractor receives the owner’s payment.
  • A subcontractor must in turn pay lower-tier subcontractors within seven days of receiving payment.

The chapter also contains exceptions, such as one for a good-faith dispute, so a late payment is not automatically a violation. Read the full chapter or consult an attorney for your situation. This page is general information, not legal advice.

The interest provision

Under Section 28.004, overdue amounts accrue interest from the day after the due date at 1-1/2 percent per month. On a $100,000 payment that is one month late, interest would be about $1,500, which is meaningful but small next to the cost of the delay itself.

For illustration only: if a $100,000 payment is 30 days late and you have a $15,000 weekly payroll, the late payment has forced you to cover about four payrolls, around $60,000, while collecting about $1,500 in interest. The statute compensates the delay modestly. It does not pay the crew.

Who waits on whom

PositionGets paid afterPractical effect
OwnerLender or own fundsControls the start of the chain
General contractorOwner pays, up to 35 days after requestCarries sub and supply costs in the meantime
SubcontractorContractor receives payment, then up to 7 daysWaits on two clocks in a row
Lower-tier sub or supplierSub receives payment, then up to 7 daysWaits on three clocks in a row

The lower you sit in the chain, the longer the wait stacks, and the less cash cushion most firms at that level have.

Practical steps while you wait

  1. Send the payment request in writing and keep proof of the date it was received. The clocks above start there.
  2. Calendar the 35th day and the seventh day for each job.
  3. If a payment is late, send a follow-up in writing that cites the statute and the due date.
  4. Plan a bridge for the weeks the money is stuck rather than waiting until payroll is due.

Where working capital belongs

The right bridge is sized to the unfunded weeks: payroll, materials and fuel between finishing the work and receiving the payment. Texas Biz Funding considers requests from $25,000 to $5,000,000, funded in as little as 24 hours after approval. Sole proprietors, which includes many small subs, can apply, and the five-minute application uses a soft credit pull.

Residential remodeling and long-haul trucking have different cash dynamics, and this page makes no promise of funding for them.

Common Questions

How many days does an owner have to pay a contractor?

Under Section 28.002, not later than the 35th day after the owner receives the payment request.

How quickly must a contractor pay its subcontractors?

Not later than the seventh day after the contractor receives the owner’s payment.

What interest accrues on overdue amounts?

Section 28.004 provides interest from the day after the due date at 1-1/2 percent per month.

Are there exceptions?

Yes. The chapter includes exceptions such as a good-faith dispute, so check the full text for your facts.

Does the interest solve my payroll problem?

No. It compensates the delay modestly after the fact, but payroll is due on its own schedule.

%s

Three months of business bank statements and a 5-minute application. FICO 500+ considered. $25,000 to $5,000,000, funded in as little as 24 hours.

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