General contractor payment terms set the financial rhythm of every construction project. The terms you negotiate in your subcontracts determine when subs get paid, how much you withhold, and what conditions must be met before you release funds. Getting these terms right protects your cash flow while keeping subcontractors productive.

A 2025 Levelset payment survey found that 72% of subcontractor payment delays stem from unclear or poorly structured payment terms in the subcontract. This guide gives you a structured approach to payment terms that work.

1. Align Sub Payment Terms With Your Prime Contract

Your subcontractor payment terms should mirror the payment structure in your prime contract with the owner. If the owner pays you Net 30, do not promise subs Net 15. The mismatch creates a cash flow gap you must fund from working capital.

Map the owner's billing cycle to your sub billing cycle. If the owner's pay application is due on the 25th, set sub pay applications due on the 15th. This gives you 10 days to review, compile, and submit to the owner.

2. Define Clear Billing Periods

Specify exact billing periods in every subcontract. Monthly billing is standard, with pay applications due on a fixed date each month.

Payment Term Element	Recommended Structure	Common Mistake
Billing period	Monthly, calendar month	Undefined or variable
Pay app due date	15th of each month	No fixed date
GC review period	7 business days	No review window
Owner submission	25th of each month	Same day as sub deadline
Payment to sub	7 days after owner payment	Fixed date regardless of owner
Schedule of values	Required before first pay app	Accepted at first billing
Retainage rate	10% until 50%, then 5%	Flat 10% through completion

3. Set Conditions Precedent to Payment

Conditions precedent are requirements the sub must satisfy before payment is processed. Standard conditions include a signed pay application, current lien waiver, updated schedule of values, current insurance certificate, and certified payroll (for prevailing wage projects).

Every condition should be listed in the subcontract. If it is not in the contract, you cannot enforce it as a payment condition. GCs who add conditions after contract execution face pushback and potential prompt payment violations.

4. Use Pay-When-Paid vs. Pay-If-Paid Carefully

Pay-when-paid clauses tie your obligation to pay the sub to your receipt of payment from the owner. Pay-if-paid clauses make your obligation contingent on receiving owner payment.

The legal enforceability varies by state. Florida courts have upheld pay-if-paid clauses when the language is clear and unambiguous. Other states treat them as unenforceable. Check your state's case law before relying on either provision.

Regardless of the clause, maintain prompt payment as standard practice. Subs who wait months for payment look for work elsewhere. The cost of replacing a good sub exceeds the short-term cash flow benefit of delayed payment.

5. Structure Retainage Properly

Retainage protects the GC against incomplete or defective work. Standard retainage ranges from 5% to 10% of each progress payment.

Release retainage when the sub completes their scope, not when the overall project reaches substantial completion. Holding retainage indefinitely damages your relationship with subs and may violate state prompt payment laws.

Some GCs reduce retainage from 10% to 5% after the sub reaches 50% completion. This approach rewards progress while maintaining a financial incentive for completion.

6. Include Change Order Payment Provisions

Define how change orders affect payment terms. Specify whether change order work is paid on the current billing cycle or deferred until the change order is fully executed.

Do not allow subs to bill for unapproved change orders. Require a signed change order document before the work appears on a pay application. This prevents disputes over unauthorized work that was performed before approval.

7. Address Backcharges in the Contract

Backcharges for defective work, cleanup, or warranty items should have clear procedures in the subcontract. Specify the notice requirements, the sub's right to cure, and the deduction process.

Never backcharge without written notice. Courts consistently rule against GCs who deduct backcharges from pay applications without prior notification and an opportunity for the sub to address the issue.

8. Define Final Payment Procedures

Final payment closes out the subcontract. Specify what the sub must provide before final payment: final lien waiver, warranty documentation, as-built drawings, O&M manuals, closeout documents, and a certificate of completion.

Set a deadline for final payment after the sub provides all closeout documents. Thirty days is standard. Holding final payment beyond a reasonable period without cause triggers prompt payment penalties in most states.

9. Document Everything in Writing

Verbal payment agreements create disputes. Every payment term modification, acceleration agreement, or conditional payment arrangement should be documented in a written amendment to the subcontract.

When a sub requests early payment or a payment schedule change, respond in writing. Confirm the new terms and get the sub's written acceptance. Email confirmation is acceptable but a formal amendment is better.

FAQs

What is the standard payment term for subcontractors? The most common payment term is Net 30 from pay application approval or Net 7 after owner payment, whichever is later. Some GCs use Net 45 or Net 60, but longer terms make it harder to attract quality subcontractors and may violate state prompt payment laws.

Can a GC withhold payment for incomplete punch list items? You can withhold an amount reasonably related to the cost of completing punch list items, but you cannot withhold the entire payment. Withholding $50,000 for $5,000 in punch list work is disproportionate and may violate prompt payment requirements.

How do prompt payment laws affect GC payment terms? State prompt payment laws set maximum payment timelines that override contract terms. If your state requires payment within 30 days, a contract provision allowing 60 days is unenforceable. Penalty interest and attorney fees apply to late payments.

Should payment terms be different for different trades? Payment terms should be consistent across all subs on a project. Inconsistent terms create administrative complexity and potential fairness disputes. The exception is retainage, where some GCs offer reduced retainage to trades with proven track records.

What is the difference between progress payment and final payment? Progress payments are monthly payments for work completed during the billing period. Final payment settles the remaining contract balance including retainage. Final payment requires completion of all work and submission of closeout documents.

Can a sub stop work if the GC does not pay on time? In most states, yes. Subcontractors have the right to suspend work if the GC fails to pay within the contractual or statutory timeframe. The sub must typically provide written notice before stopping work. Work stoppages are disruptive and expensive for the project.

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