Follow prompt payment complaint procedures in the Construction Contract Administration Manual.

Investigate the complaint and provide a timely response to the complainant. According to the DOT, “a timely response should be no more than the time required to promptly pay the subcontractor for completed work.”

If the prime contractor makes payment or provides documentation that substantiates the dispute, forward the response to the subcontractor and advise that payment was made or a dispute exists. Send a copy of the subcontractor notice to the payment bond surety. In instances of a dispute, advise the parties it is the responsibility of the parties involved to resolve the issue.

If the prime contractor has not made payment and does not provide notification of a dispute within the timeframe specified, initiate the appropriate administrative action. Possible administrative actions include suspending work, withholding all or a portion of an estimate, withholding project acceptance, placing prime contractor in default for breach of contract, or other actions deemed appropriate.