Title 38. Public Contracts, Works and Improvements

Chapter 10. Public Contracts

Part I. General Provisions

 

38:2191      Payments under contract

 

A. All public entities shall promptly pay all obligations arising under public contracts when the obligations become due and payable under the contract. All progressive stage payments and final payments shall be paid when they respectively become due and payable under the contract.

 

B. Any public entity failing to make any progressive stage payment within forty-five days following receipt of a certified request for payment by the public entity without reasonable cause shall be liable for reasonable attorney fees. Any public entity failing to make any final payments after formal final acceptance and within forty-five days following receipt of a clear lien certificate by the public entity shall be liable for reasonable attorney fees.

 

C. The provisions of this Section shall not be subject to waiver by contract.

 

D. Any public entity failing to make any progressive stage payments arbitrarily or without reasonable cause, or any final payment when due as provided in this Section, shall be subject to mandamus to compel the payment of the sums due under the contract up to the amount of the appropriation made for the award and execution of the contract, including any authorized change orders.

 

Added by Acts 1972, No. 508, §§ 1, 2. Amended by Acts 1986, No. 1071, § 1; Acts 1991, No. 1044, § 1; Acts 2011, No. 184, § 1; Acts 2014, No. 487, § 1.