Code of Alabama

Ala. Code § 8-29-2 (2026)

Performance in Accordance with Contract Entitles Contractor or Subcontractor to Payment.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract. All contracts between parties require a date of payment.

(Acts 1995, No. 95-380, p. 775, §2.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2022 · leading case: Diamond Conc. Slabs v. Andalusia-Opp, 2100114 (ala.civ.app. 8-12-2011), 103 So. 3d 73 (Ala. Civ. App. 2011).
Diamond Conc. Slabs v. Andalusia-Opp, 2100114 (ala.civ.app. 8-12-2011), 103 So. 3d 73 (Ala. Civ. App. 2011). · cites it 2× “Section 8-29-2 of the Prompt Pay Act provides: “Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract.”
Climastor IV, L.L.C. v. Marshall Constr., L.L.C., 4 So. 3d 452 (Ala. 2008). “” On March 14, 2005, Marshall answered ClimaStor’s counterclaim and asserted counterclaims against ClimaStor alleging breach of contract and failure to make *455 timely payments pursuant to § 8-29-2 et seq., Ala.Code 1975. Marshall also moved on that same date to have the matter…”
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014). “Section 8-29-2 states: “Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract.”
Rolin Constr., Inc. v. Wind Clan Constr. Co., Inc. (S.D. Ala. 2020). · cites it 3× “” Ala.Code § 8-29-2. The Act also provides that a paying party may withhold payment on certain enumerated grounds (if there is a bona fide dispute), including unsatisfactory job progress and defective construction not remedied.”
Latin Elec. Workforce, Inc. v. First Am. Elec., Inc. (S.D. Ala. 2022). · cites it 2× “” Ala. Code § 8-29-2 . The Court denies both motions because there are genuine issues of material fact as to whether Latin Electric entered into the Management Agreement with First American or Weldon Smith in his individual capacity.”
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