On May 11, Arizona Governor Jan Brewer signed into law a bill that substantially modifies existing Arizona law concerning the prompt payment of contractors, subcontractors and materials suppliers on private projects. Although Arizona law requires prompt payment of contractors on both public and private construction projects, the new law, S.B. 1375, alters only the statutes that govern private contracts.

没有改变付款周期
该法案保留现有的21天周期进行进度付款（所有者14天，以证明并批准来自主要承包商的付款申请，此后七天付款）。它还明确地解决了最终支付和支付保留，并建立相同的21天付款周期，以支付保留和最终付款。

An owner may withhold retention or final payment for, among other things, failure to complete requirements of the construction contract, but the owner must issue a written statement to the contractor within 14 days that explains, in reasonable detail, the owner’s reason for withholding. Furthermore, the owner may only withhold payment if the contractor is actually responsible for the owner’s loss and the owner may withhold no more than 150 percent of the costs that the owner can reasonably expect to incur as a consequence of the problem.

Legislative Fix to theSTONECREEK.Decision
新法律最重要的修订废除了STONECREEK.Building Company Inc. v. Hecker, an Arizona Court of Appeals decision that limited the circumstances under which owners could lawfully withhold payment due to concerns about work included on a previously paid invoice. InSTONECREEK., the owners of a custom residence withheld payment on a contractor’s invoice because they were unhappy with a subcontractor’s masonry work that the contractor had billed and the owner had paid for on a prior bill.

The issue presented inSTONECREEK.是业主是否有权反对一般承包商的薪酬申请业主先前已支付承包商的工作。提示付款法规包括所有者可以反对支付的原因详细列表，包括不满意的工作进展和缺陷的建筑工作未经纠正。上诉法院忽略了这个名单，而是专注于规约中的语言，使业主给出“详细说明那些”items in the billingthat are not approved.” The court held the owners violated the prompt pay law by withholding payment based on masonry work for which they had already paid the contractor, reasoning that owners could only withhold payments for “items” of work billed in the current invoice.

The Court’s decision was not consistent with what the Legislature intended when it enacted prompt payment. The revised statute deletes the language referring to “items in the billing” and allows an owner to withhold payment so long as it specifies its “reasons” for withholding the payment. As amended, the pertinent provision reads:

[A] billing or estimate for a progress payment shall be deemed certified and approved . . . unless . . . [the owner] prepares and issues a written statement stating in reasonable detail the owner’s reasons for not certifying or approving all or a portion of the billing or estimate.

Under the new law, contractors and subcontractors must send a copy of the owner’s written statement that identifies the work to which the owner objects to all affected subcontractors or material suppliers within seven days. The contractor must pay any subcontractor or material supplier whose work was not the basis for the owner’s withholding payment within 21 days after payment would otherwise have been made by the owner under the typical 21-day billing cycle.

住宅项目需要通知18luck官网
值得注意的是，对于住宅（占用）项目来说，法律要求承包商在每个发票中包含特定语言给所有者给所有者给18luck官网出所有者通知并解释了提示支付法律。未能包含此类语言，呈现提示缴纳对项目的法律。

1375年的新规定取得平衡。业主希望澄清原始及时支付立法的意图，并使其清楚STONECREEK.被错误决定了。承包商希望修改以及时付款规定，以解决最初颁布的条例草案时何时缺失或未解决的付款问题。该法案一般实现这一余额。

亚利桑那州立法机构对私人合同的及时支付法律进行了重大和重要的修订。并非所有这些更改都可以在此处完全解决。从事亚利桑那州私人建筑工作的人应咨询合格的律师，以确定新法律如何影响其业务。

有用的来源

看法修改的法律http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=32
点击“承包商”标题下的第32-1129条的链接。