A. On all construction contracts exceeding Twenty-five Thousand Dollars ($25,000.00) in value an owner shall make progress payments to the prime contractor for work performed and materials properly stored, within thirty (30) calendar days after a proper invoice is submitted to the owner or a representative designated by the owner.
B. An owner or entity designated by the owner, may not reduce a proper invoice of a prime contractor without detailing and forwarding to the prime contractor, within fourteen (14) calendar days of receipt of the proper invoice, the reasons for reduction. The reduction may not be more than an amount that is reasonable to correct the work, as set forth in writing.
C. If a contracting entity has had their proper invoice reduced by another entity all other affected entities having a construction contract with the contracting entity shall be notified within seven (7) calendar days. Except as affected by a prior reduction, a prime contractor or subcontractor may not reduce the proper invoice of another subcontractor, sub-subcontractor, or material supplier without detailing and forwarding to the subcontractor, sub-subcontractor, or material supplier, within seven (7) calendar days of receipt of the proper invoice, the reasons for reduction. A prime contractor, subcontractor, or sub-subcontractor may also reduce a payment of a contracted party from a previous proper invoice. Any such reductions may not be more than an amount that is reasonable to correct the reasons for reduction, as set forth in writing. Any prime contractor, subcontractor or sub-subcontractor may be exempt from notification if the reduction is less than one percent (1%) of its net proper invoice or is due to mathematical errors.
Added by Laws 2004, c. 256, § 3, eff. Nov. 1, 2004. Amended by Laws 2004, c. 425, § 3, eff. July 1, 2004; Laws 2005, c. 92, § 2, eff. Nov. 1, 2005. Renumbered from Title 15, § 623 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
Structure Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-1. Bond to be furnished on public works contracts.
§61-2. Filing of bond - Action on bond - Subcontractors.
§61-3. Working day for public employees.
§61-4. Public contracts made on basis of eight-hour day.
§61-5. Penalty for violating two preceding sections.
§61-6. Public buildings - Home products - When to use.
§61-12. Plans and specifications - Approval.
§61-17. Presumption as to consent to jurisdiction of Oklahoma courts.
§61-18. Liability of contractor after completion of contract work.
§61-19. Multi-year contracts for painting and other maintenance of water storage tanks.
§61-60. See the following versions:
§61-60v1. Mandatory consultant and construction contract forms - Exceptions.
§61-60v2. Mandatory consultant and construction contract forms - Exceptions.
§61-62. Construction managers and consultants - Registration and selection.
§61-62.1. Contracts to be in accordance with Public Building Construction and Planning Act.
§61-62.2. Contracts for minor services.
§61-63. Ownership and control of plans, etc.
§61-64. Misdemeanor offenses - Punishment.
§61-65. Application of act - Emergencies.
§61-81. Fair and Open Competition in Governmental Construction Act.
§61-83. Prohibited terms in bid specifications for public improvement projects.
§61-85. Prohibited terms in bid specifications for public improvement projects.
§61-103. Governing law - Solicitation and award of contracts.
§61-103.2. Political subdivision may appoint purchasing agent.
§61-103.4. School districts – Erection of building or making improvements on force account basis.
§61-103.7. Contracts related to fish and wildlife conservation.
§61-105. Contents of bid notices.
§61-106. Bidding documents to be on file.
§61-107. Check, bond or irrevocable letter of credit to accompany bid.
§61-108. Written statement under oath to accompany bid.
§61-111. Time for awarding of contract.
§61-112. Bids, contracts, bonds open for public inspection.
§61-113. Execution of contract.
§61-113.1. See the following versions:
§61-113.1v1. Partial payment - Retainage.
§61-113.1v2. Partial payment - Retainage.
§61-113.2. Withdrawal of retainage - Deposit of securities.
§61-114. Conflict of interest.
§61-115. Collusion among bidders or material suppliers.
§61-116. Disclosure of terms of bids - Public agency engineering estimates.
§61-117. Award to other than lowest bidder.
§61-118. Prequalification of bidders.
§61-119.1. Certain contract to be negotiated when no bid is received.
§61-120. Assignment of contracts.
§61-121. Change orders or addenda.
§61-122. Taxpayer suits to enjoin execution of unlawful contracts.
§61-123. Supervisor's certification to accompany invoices - Exception.
§61-125. Accounting procedure.
§61-126. Construction on force account basis.
§61-127. Contracts made by a public entity - Applicability.
§61-128. Builder’s risk insurance.
§61-131. Splitting of contracts - Punishment and fine.
§61-134. Insurance or bond to be secured from carrier licensed in Oklahoma.
§61-136. Conflicts with federal rules and regulations - Laws governing.
§61-137. Termination of certain unperformed contracts.
§61-139. Authority to enter into cooperative purchasing agreements.
§61-201. Short title – Public Facilities Act.
§61-202. See the following versions:
§61-204. Office of Management and Enterprise Services - Duties.
§61-207.2. Architects, engineers or land surveyors - Employment.
§61-208.1. Contracting for construction services - Fee.
§61-208.2. State Construction Revolving Fund.
§61-208.3. Exempted entities - Compliance with act.
§61-210. Model shared savings contract.
§61-211. Selection of equipment on life cycle cost analysis basis.
§61-213. Public building energy and environmental performance program.
§61-215. Short title - Public Construction Management Act for Political Subdivisions.
§61-217. Construction managers – Written contract required – Procedure for awarding work.
§61-223. Construction contracts - Progress payments - Reduction.
§61-224. Payment of subcontractor or sub-contractor or supplier - Time limit.
§61-225. Suspension or termination of construction contract - Payment.
§61-226. Retainage of portion of payment due - Release.
§61-308. Oil or gas lease of lands of public institutions.
§61-310. Oil and gas leases upon described state-owned lands.
§61-311. Jurisdiction over lands covered by lease.
§61-314. Use of other state-owned lands by lessees.
§61-316. Payment of proceeds into Maintenance of State Buildings Revolving Fund.
§61-317. Oil and gas or mineral leases of state lands other than Capitol lands and parkways.
§61-318. Lease of property formerly occupied by Russell Girls Home.
§61-319. Purpose or use for which leased.
§61-322. Easement and right-of-way grants - Exemptions.
§61-324. Director to take charge, manage and lease Capitol Building Lands.
§61-325. Inventory and appraisal - Sale.
§61-326. Disposition of proceeds - Leases for oil and gas purposes.
§61-327. Procedures for disposal or lease of certain state-owned real property.
§61-327.1. Written proposals for state-owned properties not subject to disposition.
§61-327.2. Proposals for investment real property.
§61-330.1. Recording fee for Office of Management and Enterprise Services.