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Contractor Compliance - Construction


Good Faith Efforts

When ODOT has established a DBE contract goal on construction contracts, ODOT awards the contract only to a bidder who makes responsibleGood Faith Efforts (GFEs) to meet or exceed the goal.For more information, click here.


Prompt Payment

The Department has established that, when criteria for payments are met, 15 calendar days is a reasonable time to make payment or release retainage, and requires that payment be made within that time. The 15 calendar day period for subcontracted work or materials and services provided will commence on the date the Contractor receives payment (Prime Contractor Payments) from the Department for the work.

If the Contractor holds retainage for subcontracted work or materials/services provided, the 15 calendar day period shall commence on the date that the Resident Engineer determines that the subcontracted unit or portion of the Contract has been completed in accordance with Subsection 105.17, “Project Completion and Acceptance,” or the project is deemed complete by the Department. Services provided to a Contractor for support of construction operations or as deemed necessary by the Contractor for upkeep of machinery or facilities used directly or indirectly for construction operations shall be paid within 15 calendar days of the last service provided.

If payment is not made for work, material or services, or if retainage is not released within the required 15 calendar day period, the subcontractor will be entitled to make a formal written complaint to the Department detailing the amounts and date due, and the work performed or material provided. The Department will then institute a formal investigation and, if warranted, conduct a formal hearing. Upon a finding that the Contractor failed to perform in accordance with the terms of the Contract requirements, the Department may impose sanctions as provided in Subsection 102.04, “Refusal of Proposals,” Subsection 102.14, “Rejection of Proposal,” or both.

In the event, prime contractor fails to comply with prompt payment requirements or a pattern and practice of prompt payment violations is recognized and all other efforts for remedy have been exhausted, the agency shall invoke administrative actions including but not limited to the withholding of bid proposals.

For information on the Prompt Payment Process and Prompt Payment Form, click here.

Last Modified on Jul 12, 2021
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