What does New York’s prompt payment law require on private construction?
In New York, on a private construction contract of $150,000 or more, an owner must approve or disapprove an invoice within twelve business days and pay it within thirty days after approval, a contractor must pay a subcontractor within seven days after receiving good funds for that work, and a late payment bears interest at one percent a month. The prompt payment article does not cover public works, construction of an individual one-, two- or three-family home, a residential tract development of one hundred or fewer one- or two-family homes, or a residential project of 4,500 square feet or less. An owner that disapproves all or part of an invoice must issue a written statement of the items not approved, and may withhold from an interim payment only an amount sufficient to cure the listed items or, alternatively, the line-item amount in an agreed schedule of values. When payment depends on lender approval, it is due seven days after the owner receives good funds. A contractor or subcontractor that is not paid on time may suspend work after at least ten calendar days’ written notice without being in breach. A contract term setting payment terms different from the article’s, or requiring retainage above five percent of the contract sum, is void. A written contract can set its own payment terms where the statute allows. This is N.Y. Gen. Bus. Law §§ 756, 756-a, 756-b, 757.
| What | New York |
|---|---|
| Payment deadline | Owner pays 30 days after approval; subs in 7 days |
| Who this covers | Private construction, not only public works |
What the statute says
“Payment of an interim or final invoice shall be due from the owner not later than thirty days after approval of the invoice.”
Quoted word for word from the section’s text.
Source
N.Y. Gen. Bus. Law §§ 756, 756-a, 756-b, 757
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed, the date each invoice went out and the amount still owed are on file when a lien or payment deadline is counted.
Guides on this rule
- Prompt Payment Laws by State for Private Construction — How many days an owner has to pay a contractor on private construction, in each of the 36 jurisdictions with a prompt payment statute.
Compare this rule in every state
More New York rules
- Does a landlord have to pay interest on a security deposit in New York?
- How long does a landlord have to return a security deposit in New York?
- How much can a landlord charge for a security deposit in New York?
- How many days does a tenant get to pay late rent in New York?
- How much notice does a landlord have to give before raising the rent in New York?
- How much notice must a landlord give to end a tenancy in New York?
- How much can a landlord charge for a late rent fee in New York?
- Is there a grace period for paying rent in New York?
- How much can a landlord charge for a rental application fee in New York?
- Can a landlord change the locks to force a tenant out in New York?
- How long does a tenant have to respond to an eviction case in New York?
- What are squatters’ rights in New York?
- What are the steps to evict a tenant for unpaid rent in New York?
- Is there rent control in New York?
- Can a landlord refuse a Section 8 voucher in New York?
- Can a landlord retaliate against a tenant for complaining in New York?
- Can a tenant withhold rent for repairs in New York?
- Can a domestic violence victim end a lease early in New York?
- Can a tenant sublet in New York?
- What happens if a tenant breaks a lease in New York?
- Can you use a transfer-on-death deed in New York?
- How does joint tenancy with right of survivorship work in New York?
- What is the deadline to file a mechanic’s lien in New York?
- Does a home seller have to disclose the property’s condition in New York?
- What is the real estate transfer tax in New York?
- How long does a homeowner have to cancel a home improvement contract in New York?
- Do contractors charge sales tax in New York?
- Is a capital improvement exempt from sales tax in New York?
- Is appliance repair taxable in New York?
- Is contractor labor taxable in New York?
- Every New York rule on one page
The same question in other states
- Alabama
- Arizona
- California
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Kansas
- Kentucky