SS · Prompt Payment and Construction Lien Act
Part 3 — Prompt Payment
32.1 Proper invoice
written bill or other request for payment for the work done or
materials furnished in respect of an improvement under a contract
if the written bill or request for payment contains the following
information and, subject to subsection (4), meets any other
requirements as may be specified in the contract:
(a) the contractor's name and business address;
(b) the date of the proper invoice and the period during which
the work was done or materials were furnished;
(c) information identifying the authority, whether in a written
or verbal contract or otherwise, under which the work was
done or materials were furnished;
(d) a description of the work done or materials furnished;
(e) the amount requested for payment and the corresponding
payment terms broken down for the work done or
materials furnished;
(f) the name, title and contact information of the person to
whom the payment is to be sent;
(g) a statement indicating that the invoice provided is
intended to constitute a proper invoice;
(h) any other information that may be prescribed.
(2) A requirement to pay an amount in accordance with this Part is
subject to any requirement to retain an amount according to Part 2.
(3) Subject to subsection (4), a provision in a contract that makes
the giving of a proper invoice conditional on the prior certification
of a person or prior approval of the owner to give the invoice is of
no force or effect.
(4) Subject to the regulations, subsection (3) does not apply to a
provision in a contract that provides for the testing and
commissioning of the improvement or of the work done or
materials furnished under the contract.
(5) A proper invoice may be revised if
(a) the parties to the proper invoice agree to a revision,
RSA 2000
PROMPT PAYMENT
(b) the date of the proper invoice is not changed, and
(c) the proper invoice continues to meet the requirements
referred to in subsection (1).
(6) Subject to the regulations, proper invoices must be given to an
owner at least every 31 days unless the contract includes a
provision for the testing and commissioning of the improvement or
of the work done or materials furnished under the contract and the
conditions of testing and commissioning are not met.
2020 c30 s14