Wisconsin prompt payment

Who and what this applies to

State-agency payment protections under Wisconsin Statutes 16.528 and construction-contract conditions under 779.135.

Thresholds and scope

Section 16.528 has defined agency coverage and federal-funding, contract, and good-faith-dispute exceptions.

The rules

• Section 16.528(2) ordinarily treats payment on current covered state orders/contracts as timely by the later of the proper invoice’s specified date or 30 days after the later of invoice receipt and receipt/acceptance of goods or services. The late-interest calculation begins on day 31 under the statute’s conditions. Source
• Section 16.528(2m) requires prime contractors to pay subcontractors for satisfactory work within seven days after receiving the agency payment and imposes late interest from day eight; the payment and interest rules pass to lower tiers. A properly notified good-faith dispute is excepted. Source
• Section 779.135(3) voids a construction term making owner payment a condition precedent to the prime contractor paying a subcontractor, supplier, or service provider. It expressly allows terms that delay payment until the prime receives payment. Source

Deadlines

Covered state downstream payments: seven days after receipt; private construction contract terms must comply with Section 779.135.

Primary sources

• 16.pdf
• 779.pdf

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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