Pa. Cons. Stat. » 62 Pa. Cons. Stat. (PROCUREMENT) / Chapter 39
Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 3933 (2026)

 Contractors' and subcontractors' payment obligations.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 3933.  Contractors' and subcontractors' payment obligations.

(a)  Performance by subcontractor entitles subcontractor to payment.--Performance by a subcontractor in accordance with the provisions of the contract shall entitle the subcontractor to payment from the party with whom the subcontractor has contracted. For purposes of this section, the contract between the contractor and subcontractor is presumed to incorporate the terms of the contract between the contractor and the government agency.

(b)  Disclosure of progress payment due dates.--A contractor or subcontractor shall disclose to a subcontractor, before a subcontract is executed, the due date for receipt of progress payments from the government agency. Notwithstanding any other provisions of this subchapter, if a contractor or a subcontractor fails to accurately disclose the due date to a subcontractor, the contractor or subcontractor shall be obligated to pay the subcontractor as though the due dates established in subsection (c) were met by the government agency. This subsection shall not apply to a change in due dates because of conditions outside of the contractor's control, including, but not limited to, design changes, change orders or delays in construction due to weather conditions.

(c)  Payment.--When a subcontractor has performed in accordance with the provisions of the contract, a contractor shall pay to the subcontractor, and each subcontractor shall in turn pay to its subcontractors, the full or proportional amount received for each such subcontractor's work and material, based on work completed or services provided under the subcontract, 14 days after receipt of a progress payment. Payment shall be made under this section unless it is being withheld under section 3934 (relating to withholding of payment for good faith claims).

(d)  Interest due when progress payment not timely.--If any progress payment is not made to a subcontractor by the due date established in the contract or in subsection (c), the contractor shall pay to the subcontractor, in addition to the amount due, interest as computed in section 3932(c) (relating to government agency's progress payment obligations).

(e)  When interest payment not required.--In the event that the contract does not contain a grace period and if a subcontractor is not paid by the payment date required by subsection (c), no interest penalty payment required under this section shall be paid if payment is made on or before the 15th calendar day after the payment date required under this subchapter.

Notes of Decisions
Cited in 2 cases, 2005–2018 · leading case: Am. Rock Mechanics, Inc. v. N. Abbonizio Contractors, Inc., 887 A.2d 322 (Pa. Super. Ct. 2005).
Sort: Relevance Newest Treatment
Am. Rock Mechanics, Inc. v. N. Abbonizio Contractors, Inc., 887 A.2d 322 (Pa. Super. Ct. 2005). · cites it 5× “Brief for Appellant at 11 (citing 62 Pa.C.S. § 3933). The trial court declined to apply the Procurement Code, concluding that the rights and obligations of the parties are controlled entirely by the terms of their own contract, which requires final payment “within thirty (30)…”
Widmer Eng'g, Inc. v. Five-R Excavating, Inc. & The Pennsylvania Nat'l Mut. Cas. Ins. Co., Inc. Appeal of: Five-R Excavating, Inc. (Pa. Commw. Ct. 2018). · cites it 2× “(Widmer) summary judgment on its claims for breach of contract and violation of Section 3933 of the Procurement Code;1 granting Widmer summary judgment on 1 62 Pa. C.S. §3933. Section 3933 states, in relevant part: (a) Performance by subcontractor entitles subcontractor to…”
— 62 Pa. Cons. Stat. § 3933(a) — 2 cases
Am. Rock Mechanics, Inc. v. N. Abbonizio Contractors, Inc., 887 A.2d 322 (Pa. Super. Ct. 2005). “Brief for Appellant at 11 (citing 62 Pa.C.S. § 3933). The trial court declined to apply the Procurement Code, concluding that the rights and obligations of the parties are controlled entirely by the terms of their own contract, which requires final payment “within thirty (30)…”
Widmer Eng'g, Inc. v. Five-R Excavating, Inc. & The Pennsylvania Nat'l Mut. Cas. Ins. Co., Inc. Appeal of: Five-R Excavating, Inc. (Pa. Commw. Ct. 2018). “(Widmer) summary judgment on its claims for breach of contract and violation of Section 3933 of the Procurement Code;1 granting Widmer summary judgment on 1 62 Pa. C.S. §3933. Section 3933 states, in relevant part: (a) Performance by subcontractor entitles subcontractor to…”
— 62 Pa. Cons. Stat. § 3933(b) — 1 case
Am. Rock Mechanics, Inc. v. N. Abbonizio Contractors, Inc., 887 A.2d 322 (Pa. Super. Ct. 2005). “Brief for Appellant at 11 (citing 62 Pa.C.S. § 3933). The trial court declined to apply the Procurement Code, concluding that the rights and obligations of the parties are controlled entirely by the terms of their own contract, which requires final payment “within thirty (30)…”
— 62 Pa. Cons. Stat. § 3933(c) — 1 case
Am. Rock Mechanics, Inc. v. N. Abbonizio Contractors, Inc., 887 A.2d 322 (Pa. Super. Ct. 2005). “Brief for Appellant at 11 (citing 62 Pa.C.S. § 3933). The trial court declined to apply the Procurement Code, concluding that the rights and obligations of the parties are controlled entirely by the terms of their own contract, which requires final payment “within thirty (30)…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.