Virginia Senate Bill 550
Session 2022
Contracts; payment clauses, right to payment of subcontractors.
Became Law
Became Law on Apr 27, 2022
Origin Chamber
Senate
Type
Bill
Bill Number
550
State
Virginia
Session
2022
Motion Text
Senate concurred in Governor's recommendation (40-Y 0-N)
Senate Roll Call Votes
DeSteph, Bill
Yes
Hackworth, T. Travis
Yes
Yes
McClellan, Jennifer L.
Yes
Morrissey, Joseph D.
Yes
Pillion, Todd E.
Yes
Spruill, Lionell, Sr.
Yes
Surovell, Scott A.
Yes
Summary
Virginia Public Procurement Act; payment clausesto be included in contracts; right to payment of subcontractors.Requires contracts awarded by state or local government agenciesto include a payment clause that obligates the contractors to beindividually liable for the entire amount owed to any subcontractorwith which it contracts. Payment by the party contracting with thecontractor shall not be a condition precedent to payment to any lower-tiersubcontractor.
Virginia Public Procurement Act; payment clauses to be included in contracts; right to payment of subcontractors. Requires contracts awarded by state or local government agencies and contracts in which there is at least one general contractor and one subcontractor to include a payment clause that obligates the contractors to be individually liable for the entire amount owed to any subcontractor with which it contracts. The bill provides that a contractor shall not be liable for amounts otherwise reducible pursuant to a breach of contract by the subcontractor; however, the contractor must notify the subcontractor in writing of the contractor's intent to withhold all or a part of the subcontractor's payment with the reason for such nonpayment. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor.
Contracts; payment clauses to be included in certain contracts; right to payment of subcontractors. Requires construction contracts awarded by state or local government agencies as well as certain private construction contracts in which there is at least one general contractor and one subcontractor to include a payment clause that obligates the contractors to be individually liable for the entire amount owed to any subcontractor with which it contracts. The bill provides that a contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract; however, the contractor must notify the subcontractor in writing of the contractor's intent to withhold all or a part of the subcontractor's payment with the reason for such nonpayment. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor. The bill also requires a payment clause to be included in any construction contract between an owner and a general contractor that requires (i) the owner to pay the general contractor within 45 days of receipt of an invoice following satisfactory completion of the contracted-for work, and (ii) a higher-tier contractor to pay a lower-tier subcontractor within the earlier of 45 days of satisfactory completion of the work for which the subcontractor has invoiced or seven days after receipt of amounts paid by the owner to the general contractor for work performed. Lastly, the bill provides that the Department of General Services shall convene the Public Body Procurement Workgroup to review whether the issue of nonpayment between general contractors and subcontractors necessitates legislative corrective action and report its findings and legislative recommendations to the General Assembly on or before December 1, 2022.
Contracts; payment clauses to be included in certain contracts; right to payment of subcontractors. Requires construction contracts awarded by state or local government agencies as well as certain private construction contracts in which there is at least one general contractor and one subcontractor to include a payment clause that obligates the contractors to be liable for the entire amount owed to any subcontractor with which it contracts. The bill provides that a contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract; however, the contractor must notify the subcontractor in writing of the contractor's intent to withhold all or a part of the subcontractor's payment with the reason for such nonpayment. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor. The bill also requires a payment clause to be included in any construction contract between an owner and a general contractor that requires (i) the owner to pay the general contractor within 60 days of receipt of an invoice following satisfactory completion of the contracted-for work, and (ii) a higher-tier contractor to pay a lower-tier subcontractor within the earlier of 60 days of satisfactory completion of the work for which the subcontractor has invoiced or seven days after receipt of amounts paid by the owner to the general contractor for work performed. Lastly, the bill provides that the Department of General Services shall convene the Public Body Procurement Workgroup to review whether the issue of nonpayment between general contractors and subcontractors necessitates legislative corrective action and report its findings and legislative recommendations to the General Assembly on or before December 1, 2022. The bill has a delayed effective date of January 1, 2023, and shall apply to construction contracts executed on or after January 1, 2023.
Committee substitute printed 22107080D-H1
February 24, 2022
SB550H2
March 3, 2022
SB550ER
March 10, 2022
Governor's substitute printed 22108193D-S2
April 11, 2022
SB550ER2
April 27, 2022
Amendment: SB550AG
Amendment: SB550AH
Amendment: SB550AHR
Fiscal Impact Statement: SB550F122.PDF
Fiscal Impact Statement: SB550FS1122.PDF
Fiscal Impact Statement: SB550FH2122.PDF
Fiscal Impact Statement: SB550FER122.PDF
Sort by most recent
04/27/2022
House
Enacted, Chapter 727 (effective 1/1/23)
04/27/2022
House
Signed by Speaker as reenrolled
04/27/2022
Senate
Signed by President as reenrolled
04/27/2022
Senate
Reenrolled bill text (SB550ER2)
04/27/2022
Senate
Reenrolled
04/27/2022
Office of the Governor
Governor's recommendation adopted
04/27/2022
House
VOTE: Adoption (95-Y 4-N)
04/27/2022
House
House concurred in Governor's recommendation (95-Y 4-N)
04/27/2022
Senate
Senate concurred in Governor's recommendation (40-Y 0-N)
04/11/2022
Senate
Governor's substitute printed 22108193D-S2
04/11/2022
Senate
Governor's recommendation received by Senate
03/22/2022
Office of the Governor
Governor's Action Deadline 11:59 p.m., April 11, 2022
03/22/2022
Senate
Enrolled Bill Communicated to Governor on March 22, 2022
03/10/2022
House
Signed by Speaker
03/10/2022
Senate
Signed by President
03/10/2022
Senate
Impact statement from DPB (SB550ER)
03/10/2022
Senate
Enrolled
03/07/2022
Senate
Impact statement from DPB (SB550H2)
03/07/2022
Senate
Title replaced 22107429D-H2
03/07/2022
Senate
House substitute agreed to by Senate (29-Y 10-N)
03/03/2022
House
VOTE: Passage (91-Y 9-N)
03/03/2022
House
Passed House with substitute (91-Y 9-N)
03/03/2022
House
Engrossed by House - floor substitute SB550H2
03/03/2022
House
Substitute by Delegate Wiley agreed to 22107429D-H2
03/03/2022
House
Appropriations committee amendments out of order due to rejection of General Laws
03/03/2022
House
Committee on General Laws substitute rejected 22107080D-H1
03/03/2022
House
Read third time
03/03/2022
House
Floor substitute printed 22107429D-H2 (Wiley)
03/02/2022
House
Passed by for the day
03/01/2022
House
Read second time
02/28/2022
House
Reported from Appropriations with amendment(s) (22-Y 0-N)
02/28/2022
House
House committee, floor amendments and substitutes offered
02/24/2022
House
Committee substitute printed 22107080D-H1
02/24/2022
House
Referred to Committee on Appropriations
02/24/2022
House
Reported from General Laws with substitute (17-Y 5-N)
02/24/2022
House
House committee, floor amendments and substitutes offered
02/21/2022
House
Referred to Committee on General Laws
02/21/2022
House
Read first time
02/21/2022
House
Placed on Calendar
02/14/2022
Senate
Passed Senate (25-Y 15-N)
02/14/2022
Senate
Reconsideration of passage agreed to by Senate (40-Y 0-N)
02/14/2022
Senate
Read third time and passed Senate (23-Y 17-N)
02/11/2022
Senate
Engrossed by Senate - committee substitute SB550S1
02/11/2022
Senate
Committee substitute agreed to 22104655D-S1
02/11/2022
Senate
Reading of substitute waived
02/11/2022
Senate
Read second time
02/10/2022
Senate
Constitutional reading dispensed (40-Y 0-N)
02/09/2022
Senate
Reported from Finance and Appropriations (11-Y 4-N)
02/07/2022
Senate
Impact statement from DPB (SB550S1)
02/02/2022
Senate
Rereferred to Finance and Appropriations
02/02/2022
Senate
Committee substitute printed 22104655D-S1
02/02/2022
Senate
Reported from General Laws and Technology with substitute (10-Y 4-N 1-A)
01/26/2022
Senate
Senate committee, floor amendments and substitutes offered
01/26/2022
Senate
Senate committee, floor amendments and substitutes offered
01/19/2022
Senate
Impact statement from DPB (SB550)
01/12/2022
Senate
Referred to Committee on General Laws and Technology
01/12/2022
Senate
Prefiled and ordered printed; offered 01/12/22 22102233D
Sources
Open States
Record Created
Jan 21, 2022 7:26:50 PM
Record Updated
Sep 20, 2022 10:19:32 PM