CONTRACT TERMS

WORK OUT THE DAY YOU SHOULD HAVE THE MONEY.

QUICK ANSWER

Add the days the owner has to pay the general contractor to the days your subcontract gives him to pay you, and count both from the day the prime contract requires him to submit his invoice. If the prime contract says he invoices on the 25th, the owner has 30 days, and your subcontract says you get paid within 10 days after receipt of payment, your money is due 40 days after the 25th. That's the date, and it's the day you start sending notices.

Two of those three figures live in the prime contract, which most subcontractors have never asked to see even though their own subcontract usually incorporates it by reference. Skip them and you put your own payment terms in the forecast, which is wrong every month in the same direction, and you have no idea which day you became entitled to complain.

BY JOSH LUEBKERPublished 2026-09-12Updated 2026-09-12
THE DEFINITION

WHAT IT MEANS.

The pay-when-paid payment date is the day your money is contractually due, worked out from three figures: the day the prime contract requires the general contractor to invoice the owner, the days the owner then has to pay him, and the days your subcontract gives him to pay you after he receives it.

Ask the general contractor for the payment provisions of the prime contract before you sign. It's a normal request, your subcontract probably already refers to that document, and the two numbers you need are in one article of it. A general contractor who won't show you the payment terms he is flowing down to you has told you something worth knowing at bid time.

WHY NOBODY KNOWS THEIR OWN DATE

THREE FIGURES, TWO OF THEM HIDDEN.

01

The forecast carries the wrong payment terms

A subcontract that says payment within 10 days after receipt of payment has no net 30 in it anywhere, and yet net 30 is what ends up in the cash forecast, because it's the only number anybody typed. The clause hangs your money off an event upstream of you, so counting from your own invoice date describes a payment that was never promised. The error is one direction every time, which is why a forecast built this way is optimistic in the one month you needed it right.

02

The prime contract is referenced and never read

Most commercial subcontracts incorporate the prime contract by reference, which means its payment article governs when you get money, and most subcontractors have never seen the document. The submission day and the owner's payment window are both in there. Without them the calculation has one figure out of three and the other two get guessed at, usually generously.

03

Receipt of payment is an event you can't see

You know when you billed and you don't know when the general contractor was paid, so a clause written off receipt gives you no date to hold anybody to. The prime contract's submission day is the fix, because it's a fixed calendar day somebody agreed to in writing. Anchor the count there and the whole chain becomes a date you can hold somebody to.

THE ARITHMETIC

WHAT IT LOOKS LIKE IN DOLLARS.

The arithmetic, on the three figures

Say the prime contract requires the general contractor to submit his invoice on the 25th, gives the owner 30 days to pay him, and your subcontract says you're paid within 10 days after he receives payment. Thirty plus ten, counted from the 25th, puts your money 40 days after that submission day. Work forward from your own billing cutoff instead and you come out nearly a month early, which is the difference between a forecast you act on and one you argue with.

What not knowing the date costs

Without the date there's no moment when patience turns into a claim, so most subcontractors send nothing for sixty days and then send everything at once. By then the schedule has moved and the notice reads as a complaint. With the date, the first notice goes out on a day the contract itself chose, which is the difference between a record and an argument.

TURNING TWO CONTRACTS INTO ONE DATE

DO THIS ONCE PER JOB, AT AWARD.

Ask for the payment article of the prime contract

Not the whole prime contract, just the article covering applications for payment. You need the day he has to submit and the days the owner then has. Ask at bid time or at award, in writing, and keep the answer with the subcontract.

Write the three figures on the job setup sheet

Submission day, owner days, your days. Three numbers, written down at award while somebody is still reading the contract, because nobody goes back to a subcontract in month four to work out a date they could have had in month one.

Put the date in the forecast, not the payment term

The 13 week forecast wants a day, and the calculation gives you one. A receipt dated on the term is a guess dressed as data, and it's the single most common reason a forecast says a week is survivable when it isn't.

Diary the notice date with the payment date

The day after your calculated date is the day the first notice goes out. Put both on the calendar at award so the decision is already made before the month it gets uncomfortable, because that's the month nobody makes it.

Have a construction attorney in your state read the windows once

Notice windows and filing deadlines change at the state line, and your own contract may shorten them further. One review covering the notice provisions you sign most often is enough to cover every job after it. SPM isn't a law firm and none of this is legal advice.

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COMMON QUESTIONS

FREQUENTLY ASKED.

Then nobody has written the submission day down anywhere you can hold him to, and the best you can do is ask what his billing cycle to the owner is and record the answer with the date you were told. It's weaker than a contract reference and it's far better than nothing, because a general contractor who told you the 25th in writing has made the 25th usable.
That's information. A payment article carries no confidential pricing in it. It's the mechanism that decides when you get money, and a refusal at bid time is a fair thing to price. Ask in writing so the request and the refusal both have dates on them.
No. Net 30 counts from your invoice and promises payment 30 days later. A pay-when-paid clause counts from an event upstream of you and promises payment some days after that, so the two describe different dates and the second one is nearly always later. Working the calculation is how you find out by how much at bid time, while you can still price it.
Three tiers, and which one you are in depends on how much of the work you want off your desk. Core is where you stop guessing: job costing built against the way you estimate, a 13 week cash forecast, monthly WIP, and a monthly meeting that ends in decisions, while your bookkeeper keeps doing the books. Executive is where you stop touching the books, because we run the bookkeeping and the controllership as well. Strategic is where every job shows its margin while it is still running, because the job costing and WIP platform is set up and managed for you. No payroll. No scope gaps.
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WHAT THIS TIES INTO
Josh Luebker, The Construction CFO
Josh Luebker
FRACTIONAL CFO · THE CONSTRUCTION CFO

Former commercial project manager and master electrician: 150+ projects worth $2.1B combined, from $50,000 to $300M. Now fractional CFO to commercial subcontractors.

BRING TWO CONTRACTS AND WE WILL GIVE YOU THE DATE

One prime contract payment article and one subcontract. Twenty minutes and you will know the day you should have money on that job, and the day to send the first notice if you don't.

You don't hire a CFO because it's safe, you do it because the real risk isn't having one.
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