Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 41 contracts
Sources: Construction Contract, Construction Services Agreement, Construction Contract
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided herein in this Section 3.4 and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 32 contracts
Sources: Contract for Construction Manager at Risk, Construction Manager at Risk Contract, Contract for Construction
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 2 contracts
Sources: Construction Services Agreement, Construction Services Agreement
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor subcontractor the amount of penalty as provided herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 2 contracts
Sources: Electronic Payment Services Agreement, Electronic Payment Services Agreement
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided herein in § 3.3 thereof and the amount owed the worker. The Owner may use any amounts retained hereunder under § 3.4.1 hereof to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 1 contract
Sources: Construction Manager Agreement