INTRODUCTION It is the responsibility of Subcontractors and Suppliers on Illinois Department of Transportation highway construction projects to collect monies that are owed to them by the Prime Contractor. The Department of Transportation is unable to make payments to anyone other than the Prime Contractor, so you must protect yourself from nonpayment or collection problems. Prompt Pay Contract Provisions Subcontractors and Suppliers are expected to be familiar with all contract payment provisions, and the provisions of the Prompt Payment Act, 30 ILCS 540. In particular, the Department of Transportation's contract with the Prime Contractor contains a provision requiring prompt payments be made to all Subcontractors. The prompt payment provision does not apply to Suppliers.

The Subcontractor provision covers progress payments for work partially completed and full payment for satisfactorily completed work. As a Subcontractor, you are expected to be aware of all performance requirements in order to assure satisfactory completion of your work. These performance requirements include all physical construction work and the documentation requirements to comply with the satisfactory completion requirement of the prompt payment provision. Regardless of the applicability of the prompt payment provision, all Subcontractors and Suppliers should review the lien and bond claim procedures described in this brochure. If difficulty is experienced collecting payment from the Prime Contractor for subcontract work or materials supplied, these procedures are available to aid and govern the collection process.

SUMMARY: This guide is prepared for informational purposes only and is not intended to be a legal guide or a substitute for legal advice. If you are owed money by a Prime Contractor on an Illinois Department of Transportation project, review the Lien and Bond Claim Statutes to assure you are fully protected. You should also discuss these problems with your attorney since you may be required to file a lawsuit if you are not paid. Failure to obtain legal advice may place you at a disadvantage.