Prompt Payment Complaint and Process
A prompt payment violation occurs when there is no legitimate dispute over the satisfactory performance of work and the prime has been paid by the Department, but the Prime has not paid the sub-consultant/subcontractor that performed the work.ODOT will initially investigate to determine if there is a legitimate dispute, such as a performance issue, between the prime and subcontractor.If a legitimate dispute is determined, ODOT will notify all parties that a prompt payment complaint does not exist.ODOT will refer the prime and sub-consultant/subcontractor to the dispute resolution process stated between their contracts. If ODOT determines there is not a legitimate dispute, ODOT will process the prompt payment complaint.
1. Formal complaints will be filed with the Civil Rights Division. Complaints shall be filed using the ODOT’s appropriate Prompt Payment Complaint Form (Consultant and/or Construction). Complaints should be emailed to ODOTfirstname.lastname@example.org and/or submitted by mail to:
Oklahoma Department of Transportation
Civil Rights Division
200 N.E. 21st Street, Room 1-C1
Oklahoma City, OK 73105-3204
2. Once the complaint is filed and accepted, the ODOT will contact the parties involved within 2 business days,investigate and attempt to resolve the matter.
3. Further investigation may be required.
4. If no resolution occurs, ODOT will enforce sanctions/administrative remedies against the primeconsultant/contractor such as:
- Suspension of processing all or portion of progressive estimates
- Refusal to issue proposal
- Refuse to approve subcontractor or material suppliers
- Suspension of work on the project
- Suspension of prequalification
- Contractor performance suspension
- Contractor Debarment
- Contractor in default for breach of Contract
- Other actions deemed appropriate
If either the sub-consultant/subcontractor or the prime consultant/contractor officially initiates any legal action, the complaint will then be referred to ODOT's General Counsel’s office and the complaint shall be officially closed by the Civil Rights Division.