Common use of Payment Claim Clause in Contracts

Payment Claim. a) The Sub-Contractor is entitled to make a payment claim on the 25th of each month. b) All payment claims, including a final payment claim, must: i. Contain the total amount of all progress payments the Contractor has previously paid to the Sub-Contractor; ii. Contain details of the actual cost of work carried out by the Sub- Contractor up to and including the date of the claim; iii. Provide copies of tax invoices for any outlays claimed. iv. Contain a completed sub-contractor’s statement (confirming that all employees, consultants and suppliers have been paid any claims and entitlements that are due and payable) made by a person duly authorised by the Sub-Contractor, in the form set out in Schedule 1. v. Before being entitled to payment, the Sub-Contractor must if requested by the Contractor, execute and return a Deed of Warranty in the form set out in Schedule 2, or if required and directed to do so, the form of Sub-Contractor warranty deed required under the Head Contract. vi. The Sub-Contractor must within ten (10) Business Days after issue of a certificate of Completion as a pre-condition to the payment of any monies due to the Sub-Contractor from the Contractor execute and deliver a Deed of Release in the form set out in Schedule 3. c) On receipt of a payment claim, the Contractor will: i. Within ten (10) Business Days, issue a payment schedule stating the amount the Contractor proposes to pay to the Sub-Contractor or the amount due from the Sub-Contractor to the Contractor pursuant to this Sub-Contract. If the amount payable/due is less than the claimed amount the Contractor will provide reasons for the difference and an assessment of any debt due or other monies owed by the Sub- Contractor to the Contractor; and ii. Pay that amount to the Sub-Contractor within thirty-five (35) Business Days of receipt of payment claim. Contractor representative/ initial Sub-Contractor representative/ initial d) As a precondition to being entitled to make a payment claim in accordance with clause 9 hereto, the Sub-Contractor must provide the Contractor with: i. Certificates of currency for all insurance policies the Sub-Contractor is obliged to take out pursuant to clause 4; ii. if requested by the Contractor, a Deed of Warranty in the form set out in Schedule 2 and a Deed of Release in the form set out in Schedule 3; iii. any drawings, operation & maintenance manuals, warranties, guarantees, certificates, instruction manuals or other operational literature, as built drawings and technical specifications required to be provided under the Sub-Contract or the Head Contract in respect of the Sub-Contract Works (which the Contractor may direct);

Payment Claim. a) The Sub-Contractor is entitled to make a payment claim on the 25th of each month. b) All payment claims, including a final payment claim, must: i. Contain the total amount of all progress payments the Contractor Total has previously paid to the Sub-Contractor; ii. Contain details of the actual cost of work carried out by the Sub- Contractor up to and including the date of the claim; iii. Provide copies of tax invoices for any outlays claimed. iv. Contain a completed sub-contractor’s statement (confirming that all employees, consultants and suppliers have been paid any claims and entitlements that are due and payable) made by a person duly authorised by the Sub-Contractor, in the form set out in Schedule 1. v. Before being entitled to payment, the Sub-Contractor must if requested by the ContractorTotal, execute and return a Deed of Warranty in the form set out in Schedule 2, ,or alternative form of Deed of Warranty which Total may reasonably require, or if required and directed to do so, the form of Sub-Contractor warranty deed required under the Head Contract. vi. The Sub-Contractor must within ten (10) Business Days after issue of a certificate of Completion as a pre-condition to the payment of any monies due to the Sub-Contractor from the Contractor Total execute and deliver a Deed of Release in the form set out in Schedule 3; vii. Contain all validly obtained Certificates and Approvals. c) On receipt of a payment claim, the Contractor Total will: i. Within ten (10) Business Days, issue a payment schedule stating the amount the Contractor Total proposes to pay to the Sub-Contractor or the amount due from the Sub-Contractor to the Contractor Total pursuant to this Sub-Contract. If the amount payable/due is less than the claimed amount the Contractor Total will provide reasons for the difference and an assessment of any debt due or other monies owed by the Sub- Sub-Contractor to the ContractorTotal; and ii. Pay that amount to the Sub-Contractor within thirty-five (35) Business Days of receipt of payment claim. Contractor representative/ initial Sub-Contractor representative/ initial. d) As a precondition to being entitled to make a payment claim in accordance with clause 9 hereto, the Sub-Contractor must provide the Contractor Total with: i. Certificates of currency for all insurance policies the Sub-Contractor is obliged to take out pursuant to clause 4; ii. if requested by the ContractorTotal, a Deed of Warranty in the form set out in Schedule 2 2, or alternative form of Deed of Warranty which Total may reasonably require, and a Deed of Release in the form set out in Schedule 3; iii. any drawings, operation & maintenance manuals, warranties, guarantees, certificatesCertificates, Approvals, instruction manuals or other operational literature, as built drawings and technical specifications required to be provided under the Sub-Contract or the Head Contract in respect of the Sub-Contract Works (which the Contractor Total may direct);