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2022 SESSION
SB 550 Contracts; payment clauses, right to payment of subcontractors.
Introduced by: John J. Bell | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Contracts; payment clauses to be included in certain contracts; right to payment of subcontractors. Requires construction contracts awarded by state or local government agencies as well as certain private construction contracts in which there is at least one general contractor and one subcontractor to include a payment clause that obligates the contractors to be liable for the entire amount owed to any subcontractor with which it contracts. The bill provides that a contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract; however, the contractor must notify the subcontractor in writing of the contractor's intent to withhold all or a part of the subcontractor's payment with the reason for such nonpayment. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor. The bill also requires a payment clause to be included in any construction contract between an owner and a general contractor that requires (i) the owner to pay the general contractor within 60 days of receipt of an invoice following satisfactory completion of the contracted-for work, and (ii) a higher-tier contractor to pay a lower-tier subcontractor within the earlier of 60 days of satisfactory completion of the work for which the subcontractor has invoiced or seven days after receipt of amounts paid by the owner to the general contractor for work performed. Lastly, the bill provides that the Department of General Services shall convene the Public Body Procurement Workgroup to review whether the issue of nonpayment between general contractors and subcontractors necessitates legislative corrective action and report its findings and legislative recommendations to the General Assembly on or before December 1, 2022. The bill has a delayed effective date of January 1, 2023, and shall apply to construction contracts executed on or after January 1, 2023.
FULL TEXT
- 01/12/22 Senate: Prefiled and ordered printed; offered 01/12/22 22102233D pdf | impact statement
- 02/02/22 Senate: Committee substitute printed 22104655D-S1 pdf | impact statement
- 02/24/22 House: Committee substitute printed 22107080D-H1 pdf
- 03/03/22 House: Floor substitute printed 22107429D-H2 (Wiley) pdf | impact statement
- 03/10/22 Senate: Bill text as passed Senate and House (SB550ER) pdf | impact statement
- 04/11/22 Senate: Governor's substitute printed 22108193D-S2 pdf
- 04/27/22 Senate: Reenrolled bill text (SB550ER2) pdf
- 04/27/22 Governor: Acts of Assembly Chapter text (CHAP0727) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- House committee amendments reported
- House amendments not adopted
- Governor's recommendation
HISTORY
- 01/12/22 Senate: Prefiled and ordered printed; offered 01/12/22 22102233D
- 01/12/22 Senate: Referred to Committee on General Laws and Technology
- 02/02/22 Senate: Reported from General Laws and Technology with substitute (10-Y 4-N 1-A)
- 02/02/22 Senate: Committee substitute printed 22104655D-S1
- 02/02/22 Senate: Rereferred to Finance and Appropriations
- 02/09/22 Senate: Reported from Finance and Appropriations (11-Y 4-N)
- 02/10/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/22 Senate: Read second time
- 02/11/22 Senate: Reading of substitute waived
- 02/11/22 Senate: Committee substitute agreed to 22104655D-S1
- 02/11/22 Senate: Engrossed by Senate - committee substitute SB550S1
- 02/14/22 Senate: Read third time and passed Senate (23-Y 17-N)
- 02/14/22 Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
- 02/14/22 Senate: Passed Senate (25-Y 15-N)
- 02/21/22 House: Placed on Calendar
- 02/21/22 House: Read first time
- 02/21/22 House: Referred to Committee on General Laws
- 02/24/22 House: Reported from General Laws with substitute (17-Y 5-N)
- 02/24/22 House: Referred to Committee on Appropriations
- 02/24/22 House: Committee substitute printed 22107080D-H1
- 02/28/22 House: Reported from Appropriations with amendment(s) (22-Y 0-N)
- 03/01/22 House: Read second time
- 03/02/22 House: Passed by for the day
- 03/03/22 House: Floor substitute printed 22107429D-H2 (Wiley)
- 03/03/22 House: Read third time
- 03/03/22 House: Committee on General Laws substitute rejected 22107080D-H1
- 03/03/22 House: Appropriations committee amendments out of order due to rejection of General Laws
- 03/03/22 House: Substitute by Delegate Wiley agreed to 22107429D-H2
- 03/03/22 House: Engrossed by House - floor substitute SB550H2
- 03/03/22 House: Passed House with substitute (91-Y 9-N)
- 03/03/22 House: VOTE: Passage (91-Y 9-N)
- 03/07/22 Senate: House substitute agreed to by Senate (29-Y 10-N)
- 03/07/22 Senate: Title replaced 22107429D-H2
- 03/10/22 Senate: Enrolled
- 03/10/22 Senate: Bill text as passed Senate and House (SB550ER)
- 03/10/22 Senate: Signed by President
- 03/10/22 House: Signed by Speaker
- 03/22/22 Senate: Enrolled Bill Communicated to Governor on March 22, 2022
- 03/22/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Senate: Governor's recommendation received by Senate
- 04/11/22 Senate: Governor's substitute printed 22108193D-S2
- 04/27/22 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
- 04/27/22 House: House concurred in Governor's recommendation (95-Y 4-N)
- 04/27/22 House: VOTE: Adoption (95-Y 4-N)
- 04/27/22 Governor: Governor's recommendation adopted
- 04/27/22 Senate: Reenrolled
- 04/27/22 Senate: Reenrolled bill text (SB550ER2)
- 04/27/22 Senate: Signed by President as reenrolled
- 04/27/22 House: Signed by Speaker as reenrolled
- 04/27/22 House: Enacted, Chapter 727 (effective 1/1/23)
- 04/27/22 Governor: Acts of Assembly Chapter text (CHAP0727)