Common use of Payment Disputes Clause in Contracts

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 8 contracts

Samples: bid.oregonstate.edu, bid.oregonstate.edu, bid.oregonstate.edu

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Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 4.C. of the OSU General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 5 contracts

Samples: www.deschuteslibrary.org, www.deschuteslibrary.org, www.deschuteslibrary.org

Payment Disputes. If the Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if the Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the CM/GC. In addition, If if the Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by the Owner to demand additional review by the Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, the Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 3 contracts

Samples: www.medford.k12.or.us:443, www.umpqua.edu, www.grantspass.k12.or.us

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU OUS General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 2 contracts

Samples: bid.oregonstate.edu, bid.oregonstate.edu

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand an additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU PSU General Conditions, as adjusted in the Supplemental General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 2 contracts

Samples: www.pdx.edu, www.pdx.edu

Payment Disputes. If Owner's ’s accountants report the Cost of the Work as substantiated by the CM/GC's ’s final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's ’s highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's ’s receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's ’s accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's ’s highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's ’s Claim shall be subject to the claims review process in Section D.3 of the OSU Oregon Tech General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 2 contracts

Samples: General Contract, wou.edu

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by the CM/GC, or any portion thereof, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority Director of Business Services of the disputed amount. Such demand shall be made by the CM/GC within 30 Days days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure payment or any portion thereof. Failure to demand additional review within this 30-Day day period shall result in a waiver of the CM/GC’s right to demand review under this Article, and the substantiated amount as reported by Owner's accountants becoming binding on the CM/GC. In addition, If if Owner or any other state governmental agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that the CM/GC was otherwise overpaid, Owner may submit a request for reimbursement to the CM/GC for the amount of overpayment. The CM/GC shall have 30 Days days after delivery of the request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure Director of Business Services. Failure to make such demand within this 30 Day day period shall result in waiver of the right to demand review under this Article, and the requested reimbursement becoming unconditionally due and payable by the CM/GC. If the CM/GC timely submits a protest demand for review to Owner's Director of Business Services, the Agency’s highest contracting authority, CM/GC's Claim claim shall be subject to the claims review process in Section D.3 of the OSU Xxxxxx County General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount any outstanding amounts of the application for payment approved by the Owner’s Authorized Representative.

Appears in 2 contracts

Samples: www.co.marion.or.us, www.co.marion.or.us

Payment Disputes. If Owner's accountants ’s accountant’s report on the Cost of the Work as substantiated requested by the CM/GC's Contractor’s final accounting to be is less than that claimed by the CM/GC Contractor or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GCContractor, the CM/GC Contractor shall be entitled to demand a review by the Owner's ’s highest contracting authority of the disputed amount. Such demand A request for review shall be made by the CM/GC Contractor within 30 thirty (30) Days after the CM/GC's Contractor’s receipt of a copy of the rejection of the application for payment; failure . Failure of Contractor to demand additional request review within this thirty (30-) Day period shall result in the substantiated amount reported by Owner's ’s accountants becoming binding on the CM/GCparties. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC Contractor was otherwise overpaid, CM/GC Contractor shall have 30 thirty (30) Days after delivery of request for reimbursement by Owner to demand additional request review by Owner's ’s highest contracting authority; failure . Failure of Contractor to make such demand request review within this 30 thirty (30) Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GCContractor. If CM/GC Contractor timely submits a protest to the AgencyOwner’s highest contracting authority, CM/GC's Contractor’s Claim shall be subject to the claims Claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.Exhibit A.

Appears in 1 contract

Samples: bend.granicus.com

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Payment Disputes. If OwnerCity's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if OwnerCity’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the OwnerCity's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days twenty (20) business days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 3020-Day period shall result in the substantiated amount reported by OwnerCity's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency City performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days twenty (20) business days after delivery of request for reimbursement by Owner City to demand additional review by OwnerCity's highest contracting authority; failure to make such demand within this 30 20 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the AgencyCity’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, Owner City shall pay the CM/GC the amount of the application for payment approved by the OwnerCity’s Authorized Representative.

Appears in 1 contract

Samples: Construction Manager

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority ’s Project Manager or designee of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day 30‐Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the AgencyOwner’s highest contracting authorityProject Manager or designee, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 1 contract

Samples: www.ci.oswego.or.us

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the Agency’s highest contracting authority, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU OUS General Conditions, as adjusted in the Supplemental General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 1 contract

Samples: bid.oregonstate.edu

Payment Disputes. If the Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if the Owner’s Authorized Representative declines to approve any duly submitted payment request by the CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; . The CM/GC’s failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the CM/GC. In addition, If if the Owner or any other state State agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that the CM/GC was otherwise overpaid, the CM/GC shall have 30 Days after delivery of request for reimbursement by the Owner to demand additional review by the Owner's highest contracting authority; . The CM/GC’s failure to make such demand within this 30 30-Day period shall result in the requested reimbursement becoming unconditionally due and payable by the CM/GC. If CM/GC timely submits a protest to the AgencyOwner’s highest contracting authority, the CM/GC's Claim claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, the Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 1 contract

Samples: Sample Construction

Payment Disputes. If Owner's accountants report the Cost of the Work as substantiated by the CM/GC's final accounting to be less than claimed by the CM/GC or if Owner’s Authorized Representative declines to approve any duly submitted payment request by CM/GC, the CM/GC shall be entitled to demand a review by the Owner's highest contracting authority ’s Project Manager or designee of the disputed amount. Such demand shall be made by the CM/GC within 30 Days after the CM/GC's receipt of a copy of the rejection of the application for payment; failure to demand additional review within this 30-Day period shall result in the substantiated amount reported by Owner's accountants becoming binding on the CM/GC. In addition, If Owner or any other state agency performs a subsequent audit of the Cost of the Work and determines any item therein to have been unsubstantiated or that CM/GC was otherwise overpaid, CM/GC shall have 30 Days after delivery of request for reimbursement by Owner to demand additional review by Owner's highest contracting authority; failure to make such demand within this 30 Day period shall result in the requested reimbursement becoming unconditionally due and payable by CM/GC. If CM/GC timely submits a protest to the AgencyOwner’s highest contracting authorityProject Manager or designee, CM/GC's Claim shall be subject to the claims review process in Section D.3 of the OSU General Conditions. Pending a final resolution, Owner shall pay the CM/GC the amount of the application for payment approved by the Owner’s Authorized Representative.

Appears in 1 contract

Samples: www.ci.oswego.or.us

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