28-411. Prompt payment; progress payment; consultants and contractors; subconsultants and subcontractors; design professional
A. The department shall make progress payments pursuant to the terms of an agreement with a consultant or contractor on the basis of an invoice for work already performed. All progress payments shall be paid on or before the twenty-first day after the date the department receives the invoice unless the department does not approve and certify the invoice pursuant to subsection B of this section.
B. Any invoice from a consultant or contractor for progress payments shall be deemed approved and certified by the department unless within seven days from the date the department receives the invoice the department sends the consultant or contractor written notice by first class mail or by electronic means of those items that the department does not approve and certify under the terms of the agreement.
C. On or before the seventh day after the date the department makes a progress payment, if the consultant or contractor contracted with subconsultants or subcontractors to perform the work for which the department made the progress payment, the consultant or contractor shall pay the subconsultants or subcontractors for the work performed to the extent of each subconsultant's or subcontractor's contractual interest in the progress payment. If any subconsultant or subcontractor contests the amount paid by a consultant or contractor from a progress payment made under subsection A of this section, the subconsultant or subcontractor shall notify the department in writing within thirty days after receiving the payment from the consultant or contractor. This subsection does not apply if the contract between the consultant or contractor and the subconsultant or subcontractor expressly provides that the prompt payment provisions of this subsection do not apply to the agreement between the consultant or contractor and the subconsultant or subcontractor.
D. If a consultant or contractor fails to pay a subconsultant or subcontractor within seven days of receiving a progress payment from the department, the consultant or contractor shall pay the subconsultant or subcontractor interest on the unpaid balance, beginning on the eighth day at the rate of one percent per month or fraction of a month. This subsection does not apply if the contract between the consultant or contractor and the subconsultant or subcontractor expressly provides that the prompt payment provisions of this subsection do not apply to the agreement between the consultant or contractor and the subconsultant or subcontractor.
E. A subconsultant or subcontractor may submit a written request to the department asking the department to notify the subconsultant or subcontractor of each subsequent progress payment made to the consultant or contractor. If the department receives a written request under this subsection, the department shall send the requesting party a written notice by first class mail of each subsequent progress payment within five days of making the progress payment.
F. Agreements with the department for consultant or contractor services do not alter the rights of any consultant or contractor to receive prompt and timely payment as provided under this section.
G. Subject to the requirements of this section, the department shall pay the agreed or reasonable value of all labor, materials, work or services furnished, installed or performed by a design professional pursuant to a limited notice to proceed from the department's authorized agent before the execution of a contract or contract modification applicable to the labor, materials, work or services. The unit prices, contract sum, hourly rates or other cost or pricing formula of the contract or contract modification applicable to the labor, materials, work or services is the fair and reasonable cost for purposes of this section unless the department and its design professional otherwise agree in writing. If the parties fail to successfully negotiate and sign a contract or contract modification, the design professional shall be paid for costs incurred pursuant to the limited notice to proceed and subject to the department's cost allowability guidelines. For the purposes of this subsection, "design professional" means an individual or firm registered pursuant to title 32, chapter 1, article 1, to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and persons employed by the registered individual or firm.
H. To the extent that this section conflicts with section 28-6924, section 28-6924 controls any agreement between the department and a contractor for highway construction projects.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1974–2026 · leading case:
State v. Richey, 774 P.2d 1354 (Ariz. 1989).
State v. Richey, 774 P.2d 1354 (Ariz. 1989).
· cites it 6× “01(C), which provides: *565 Reasonable attorney’s fees shall be awarded by the court in any contested action upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and not made in good faith. The trial court apparently relied on this…”
State Ex Rel. McDougall v. Corcoran, 735 P.2d 767 (Ariz. 1987).
· cites it 4× “§ 28-692(B), and driving without a valid Arizona driver’s license in violation of A.R.S. § 28-411(A). Keen was taken to a police station where a blood alcohol content test utilizing a gas chromatograph intoximeter Mark IV (GCI) device was administered.”
State v. Richey, 762 P.2d 585 (Ariz. Ct. App. 1988).
· cites it 7× “Johns Justice Court found appellant guilty of violating A.R.S. § 28-411(A), driving without an Arizona operator’s license, and A.”
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
· cites it 4× “See A.R.S. § 28-411. Falling within the exemptions, are nonresidents who have a valid license from their home state or are not required to have a driver’s license in their home state.”
State v. Acosta, 801 P.2d 489 (Ariz. Ct. App. 1990).
· cites it 2× “We will assume for purposes of argument that an inventory search would have been conducted.”
Bird v. State Through Corbin, 821 P.2d 287 (Ariz. Ct. App. 1991).
· cites it 2× “For example, the State issues drivers’ licenses (A.R.S. § 28-411), licenses to conduct bingo games (A.”
State v. Boudette, 791 P.2d 1063 (Ariz. Ct. App. 1990).
· cites it 2× “Our holding today in no way limits law enforcement authorities’ ability to prosecute unlicensed drivers for operating motor vehicles, as such persons will continue to be subject to prosecution under A.R.S. § 28-411(A). We therefore hold that the part of A.”
O'Hara v. Superior Ct. of State of Ariz., 674 P.2d 310 (Ariz. 1983).
· cites it 2× “6 Second, a person commits felony DWI if he or she commits a second DWI before applying for or obtaining a license as required by Arizona law, see A.R.S. § 28-411 et seq., or reapplying for or obtaining a license that had been taken away for offenses related to driving while…”
State v. Johnston, 731 P.2d 638 (Ariz. Ct. App. 1987).
· cites it 2× “The trial court concluded that “in any event at the time of this offense [appellee] was complying with A.R.S. § 28-411, i.e., he was operating [a *275 vehicle with] a valid and unrevoked Montana license.”
State v. Geschwind, 666 P.2d 480 (Ariz. Ct. App. 1982).
· cites it 2× “§ 28 — 412 exempts certain persons from the licensing requirements of A.R.S. § 28-411. A non-resident who has in his immediate possession a valid operator’s license issued to him in his home state is exempt.”
State ex rel. Purcell v. Superior Court, 528 P.2d 629 (Ariz. 1974).
“Friedman, was tried by a jury and found *287 guilty in the Phoenix City Court for violation of § 28-692(A), § 28-729(1), and § 28-411(A) A.R.S. On the same day, 19 March 1974, defendant filed her notice of appeal in the Phoenix City Court.”
Raba v. Connect (Ariz. Ct. App. 2026).
· cites it 2× “The superior court also found Raba could not show the 1 As discussed below, Arizona has two prompt pay acts, one applies just to the Department’s construction contracts under A.R.S. § 28-411, and one generally applies to all other construction contracts under A.”
— Ariz. Rev. Stat. § 28-411(A) — 5 cases
State Ex Rel. McDougall v. Corcoran, 735 P.2d 767 (Ariz. 1987).
“§ 28-692(B), and driving without a valid Arizona driver’s license in violation of A.R.S. § 28-411(A). Keen was taken to a police station where a blood alcohol content test utilizing a gas chromatograph intoximeter Mark IV (GCI) device was administered.”
State v. Richey, 762 P.2d 585 (Ariz. Ct. App. 1988).
“Johns Justice Court found appellant guilty of violating A.R.S. § 28-411(A), driving without an Arizona operator’s license, and A.”
State v. Richey, 774 P.2d 1354 (Ariz. 1989).
“01(C), which provides: *565 Reasonable attorney’s fees shall be awarded by the court in any contested action upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and not made in good faith. The trial court apparently relied on this…”
State v. Boudette, 791 P.2d 1063 (Ariz. Ct. App. 1990).
“Our holding today in no way limits law enforcement authorities’ ability to prosecute unlicensed drivers for operating motor vehicles, as such persons will continue to be subject to prosecution under A.R.S. § 28-411(A). We therefore hold that the part of A.”
State ex rel. Purcell v. Superior Court, 528 P.2d 629 (Ariz. 1974).
“Friedman, was tried by a jury and found *287 guilty in the Phoenix City Court for violation of § 28-692(A), § 28-729(1), and § 28-411(A) A.R.S. On the same day, 19 March 1974, defendant filed her notice of appeal in the Phoenix City Court.”
— Ariz. Rev. Stat. § 28-411(C) — 1 case
— Ariz. Rev. Stat. § 28-411(D) — 1 case
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
“See A.R.S. § 28-411. Falling within the exemptions, are nonresidents who have a valid license from their home state or are not required to have a driver’s license in their home state.”
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