Common use of Construction Payments Clause in Contracts

Construction Payments. 8.2.1 Payments for the Work shall be made as provided for in the UGC and in the Owner’s Specifications (if any), subject to the conditions and terms of this Agreement. All payment requests shall be submitted on an Application for Payment with a Schedule of Values approved by the Owner and shall include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Contractor's Application for Payment. Change Orders shall be listed separately on the Application for Payment form. Failure to submit “HUB Progress Assessment Report Documentation of Subcontracted Work” form with each Application for Payment Application will cause rejection of the pay application by the Owner and its return to the Contractor. 8.2.2 A five percent (5%) retainage fee is established through this Agreement between the Contractor and the Owner, and a subsequent maximum five percent (5%) retainage fee shall be established between the Contractor and any Subcontractors who perform work or provide materials for this Project. 8.2.3 Payments for Subcontractor work shall not exceed the percentage of Work allocated to that Subcontractor for any particular work classification and shall not exceed the total value of the subcontract amount. 8.2.4 Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of Final Payment; and an affidavit stating that the release includes and covers all materials and services over which Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all court costs and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Construction Payments. 8.2.1 Payments for the Work shall be made as provided for in the UGC and in the Owner’s Specifications (if any)UGC, subject to the conditions and terms of this Agreement. All payment requests shall be submitted on an Application for Payment with a Schedule of Values approved by the Owner ODR and shall include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Contractor's Application for Payment. Change Orders shall be listed separately on the Application for Payment form. Failure to submit “HUB Progress Assessment Report Documentation of Subcontracted Work” form with each Application for Payment Application will cause rejection of the pay application by the Owner and its return to the Contractor. 8.2.2 A five percent (5%) retainage fee is established through this Agreement between the Contractor and the Owner, Owner and a subsequent maximum five percent (5%) retainage fee shall be established between the Contractor and any Subcontractors Subcontractor(s) who perform performs work or provide provides materials for this Project. 8.2.3 Payments for Subcontractor work shall not exceed the percentage of Work allocated to that Subcontractor for any particular work classification and shall not exceed the total value of the subcontract amount. 8.2.4 Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of Final Payment; and an affidavit stating that the release includes and covers all materials and services over which Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all court costs and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity.

Appears in 1 contract

Sources: Construction Contract

Construction Payments. 8.2.1 Payments for the Work shall be made as provided for in the UGC and in the Owner’s Specifications (if any), subject to the conditions and terms of this Agreement. All payment requests shall be submitted on an Application for Payment with a Schedule of Values approved by the Owner and shall include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Contractor's Application for Payment. Change Orders shall be listed separately on the Application for Payment form. Failure to submit “HUB Progress Assessment Report Documentation of Subcontracted Work” form with each Application for Payment Application will cause rejection of the pay application by the Owner and its return to the Contractor. 8.2.2 A five percent (5%) retainage fee is established through this Agreement between the Contractor and the Owner, and a subsequent maximum five percent (5%) retainage fee shall be established between the Contractor and any Subcontractors who perform work or provide materials for this Project. 8.2.3 Payments for Subcontractor work shall not exceed the percentage of Work allocated to that Subcontractor for any particular work classification and shall not exceed the total value of the subcontract amount. 8.2.4 Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of Final Payment; and an affidavit stating that the release includes and covers all materials and services over which Contractor has control and for which a lien could be filed and that all known debts and claims arising ▇▇▇▇▇▇▇ from the Project have been satisfied. Alternatively, Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all court costs and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity.

Appears in 1 contract

Sources: Construction Contract

Construction Payments. 8.2.1 Payments for the Work shall be made as provided for in the UGC and in the Owner’s Specifications (if any)UGC, subject to the conditions and terms of this Agreement. All payment requests shall be submitted on an Application for Payment with a Schedule of Values approved by the Owner ODSR and shall include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Contractor's Application for Payment. Change Orders shall be listed separately on the Application for Payment form. Failure to submit “HUB Progress Assessment Report Documentation of Subcontracted Work” form with each Application for Payment Application will cause rejection of the pay application by the Owner and its return to the Contractor. 8.2.2 A five percent (5%) retainage fee is established through this Agreement between the Contractor and the Owner, Owner and a subsequent maximum five percent (5%) retainage fee shall be established between the Contractor and any Subcontractors Subcontractor(s) who perform performs work or provide provides materials for this Project. 8.2.3 Payments for Subcontractor work shall not exceed the percentage of Work allocated to that Subcontractor for any particular work classification and shall not exceed the total value of the subcontract amount. 8.2.4 Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of Final Payment; and an affidavit stating that the release includes and covers all materials and services over which Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all court costs and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity.

Appears in 1 contract

Sources: Construction Contract