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how can a Contractor change the amount of the Pay app/invoice 45+ days after they reciece it

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Every billing cycle we submit our application for payment/invoice, and every time we go in to pick up payment, the Contractor short pays. They are now 50+ days late and have requested us to change the amount of our invoice now that it is time for them to pay again. I thought they had 14 days to give written notice of any changes to be made once they receive the application for payment.

2 replies

Oct 1, 2019

That issue would be governed by the terms of your subcontract. Often times, a subcontract permits the GC to withhold payment on account of defects in work, unpaid suppliers, etc. When those conditions occur, a GC can withhold payment until the issue is resolved. We would need to review your subcontract to see what the GC's rights are in such a situation and why the GC alleges it can withhold payment or modify the payment application. There is no law that provides they waive the right to dispute a change order if they do not object to it within 14 days, unless the subcontract requires that. Please feel free to contact me to discuss and email me a copy of the contract (hmassey@loveinribman.com).

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May 5, 2023

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