While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October 10, 2025
payment disputes
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
By Matthew DeVries on
In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act.

In Tocci Building Corp. v. IRIV Partners, LLC, (App.…
The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts
By Matthew DeVries on
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed.
Contractors have a means of shifting the…
