Common use of Prompt Payment to Sub-consultants Clause in Contracts

Prompt Payment to Sub-consultants. Within 30 days of receipt by the University of each payment from the City under this Agreement, the University shall pay all sub-consultants (which term includes sub-consultants and suppliers) whom have submitted an appropriate invoice based on work completed or service provided under the subAgreement. By appropriate litigation, sub- consultants shall have the right to enforce this subsection (a) directly against the University, but not against the City of Durham. If the City’s Project Manager determines that it is appropriate to enforce this subsection (a), the City of Durham may withhold the sums estimated by the Project Manager to be sufficient to pay the invoice from progress or final payments to the University. (b) Nothing in this section shall prevent the University at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the sub-consultant for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the sub-consultant to make timely payments for labor, equipment, and materials; damage to the University or another sub-consultant; reasonable evidence that the subAgreement cannot be completed for the unpaid balance of the subAgreement sum; or a reasonable amount for retainage not to exceed 10%. (c) The City’s Project Manager may require, as a prerequisite to making progress or final payments, that the University provide statements from any sub-consultants designated by the Project Manager regarding the status of their accounts with the University. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.

Prompt Payment to Sub-consultants. Within 30 days of receipt by the University of each payment from the City under this Agreement, the University shall pay all sub-consultants (which term includes sub-consultants and suppliers) whom have submitted an appropriate invoice based on work completed or service provided under the subAgreement. By appropriate litigation, sub- consultants shall have the right to enforce this subsection (a) directly against the University, but not against the City of Durham. If the City’s Project Manager determines that it is appropriate to enforce this subsection (a), the City of Durham may withhold the sums estimated by the Project Manager to be sufficient to pay the invoice from progress or final payments to the University. (b) Nothing in this section shall prevent the University at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the sub-consultant for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the sub-consultant to make timely payments for labor, equipment, and materials; damage to the University or another sub-consultant; reasonable evidence that the subAgreement cannot be completed for the unpaid balance of the subAgreement sum; or a reasonable amount for retainage not to exceed 10%. (c) The City’s Project Manager may require, as a prerequisite to making progress or final payments, that the University provide statements from any sub-consultants designated by the Project Manager regarding the status of their accounts with the University. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.reasonable

Prompt Payment to Sub-consultants. Within 30 14 days of receipt by the University Consultant of each payment from the City under this Agreementcontract, the University Consultant shall pay all sub-consultants (which term includes sub-consultants and suppliers) whom have submitted an appropriate invoice based on work completed or service provided under the subAgreementsubcontract. Should any payment to the sub-consultant be delayed by more than 14 days after receipt of payment by the Consultant from the City under this contract, the Consultant shall pay the sub-consultant interest, beginning on the 15th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, sub- sub-consultants shall have the right to enforce this subsection (a) directly against the UniversityConsultant, but not against the City of Durham. If the City’s Project Manager determines that it is appropriate to enforce this subsection (a), the City of Durham may withhold the sums estimated by the Project Manager to be sufficient to pay the invoice this interest from progress or final payments to the UniversityConsultant. (b) Nothing in this section shall prevent the University Consultant at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the sub-consultant for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the sub-consultant to make timely payments for labor, equipment, and materials; damage to the University Consultant or another sub-consultant; reasonable evidence that the subAgreement subcontract cannot be completed for the unpaid balance of the subAgreement subcontract sum; or a reasonable amount for retainage not to exceed 10%. (c) The City’s Project Manager may require, as a prerequisite to making progress or final payments, that the University Consultant provide statements from any sub-consultants designated by the Project Manager regarding the status of their accounts with the UniversityConsultant. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.