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 6 contracts
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract
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
Sources: Cm/Gc Contract, Cm/Gc Contract, Cm/Gc Contract
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
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract, Cm/Gc Contract
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
Sources: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Contract
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
Sources: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract
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.If
Appears in 1 contract
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
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.pay
Appears in 1 contract
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
Sources: Cm/Gc Contract
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
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 1 contract
Sources: Cm/Gc Contract
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