Common use of Applications for Payment Clause in Contracts

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress paymentpayment but no later than the fifteenth (15th) day of the month after the month in which the Work was performed and for which payment is sought, the Contractor Design- Builder shall submit to the Architect Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the ContractorDesign-Builder’s right to payment that as the Owner or Architect may require (and in the format the Owner may require), such as copies of requisitionsrequisitions from the Architect, Consultants, Contractors, and releases and waivers of liens from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Design-Build Documents. Without limiting the foregoing, each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner: (1) a duly executed and acknowledged sworn statement showing for the Design-Builder’s consultants, contractors, suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work, the amount of each such agreement, the amount requested in the requested progress payment, and the amount to be paid to such supplier, subcontractor or subconsultant from such progress payment; and (2) duly executed, unconditional waivers of mechanics’ and materialmen’s liens from the Design-Builder’s consultants, contractors, suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work, establishing receipt of all previous payments made by Owner and satisfaction of all such payment obligations. § 9.3.1.1 As provided in Section 7.3.96.3.9, such applications Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the ArchitectOwner, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor Design-Builder does not intend to pay a Subcontractor the Architect, Consultant, Contractor, material supplier, or supplierother persons or entities providing services or work for the Design-Builder, unless such Work has been performed by others whom the Contractor Design-Builder intends to pay. § 9.3.2 Unless otherwise provided in the Contract Design-Build Documents, payments shall be made on account of for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor Design-Builder with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor Design-Builder warrants that title to all Work Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. Transfer of title to any portion of such Work shall in no way compromise or affect the Parties’ other rights and obligations under the Contract, including the requirements necessary to establish the substantial completion date, final payment and release of retainage. The Contractor Design-Builder further warrants that that, upon submittal of an Application for Payment Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, shall be free and clear of liens, claims, security interests, interests or encumbrances, encumbrances in favor of the ContractorDesign-Builder, SubcontractorsArchitect, Consultants, Contractors, material suppliers, or other persons or entities that entitled to make a claim by reason of having provided labor, materials, materials and equipment relating to the Work. Without limiting the Design-Builder’s other indemnity and defense obligations in this Contract, the Design-Builder shall indemnify and hold the Owner harmless from any liens, claims, security interests, or encumbrances filed by the Design-Builder, Architect, Consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work provided that the Owner has paid Design-Builder the sums that are the subject of such liens, claims, security interests, or encumbrances and Design-Builder has fully complied with all conditions for the payment of such sums.

Applications for Payment. § 9.3.1 At least ten five days before the date established for each progress payment, the Contractor Design-Builder shall submit to the Architect Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, notarized and supported by all data substantiating the ContractorDesign-Builder’s right to payment that payment. Approval will be performed via on site review of the Owner or Architect require, such as copies of requisitions, pay application with the Design-Builder and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract DocumentsOwner’s representative. § 9.3.1.1 As provided in Section 7.3.96.3.9, such applications Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the ArchitectOwner, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor Design-Builder does not intend to pay a Subcontractor the Architect, Consultant, Contractor, material supplier, or supplierother persons or entities providing services or work for the Design-Builder, unless such Work has been performed by others whom the Contractor Design-Builder intends to pay. § 9.3.2 Unless otherwise provided in the Contract Design-Build Documents, payments shall be made on account of for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor Design-Builder with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor Design-Builder warrants that title to all Work Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor Design-Builder further warrants that that, upon submittal of an Application for Payment Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, shall be free and clear of liens, claims, security interests, interests or encumbrances, encumbrances in favor of the ContractorDesign-Builder, SubcontractorsArchitect, Consultants, Contractors, material suppliers, or other persons or entities that entitled to make a claim by reason of having provided labor, materials, materials and equipment relating to the Work. § 9.3.4 If any materialman's, mechanic's or other similar lien or claim is filed by any Contractor, Subcontractor, Architect, Consultant or other supplier or laborer (herein called a "Lien Claim"), and if the Design-Builder does not within ten (10) days after notice from the Owner of such filing cause such Lien Claim to be released and discharged, bonded off or provide evidence of such release and discharge that is satisfactory to Owner, Owner will have the right to pay all sums necessary to obtain such release and discharge and deduct all amounts so paid from amounts due or to become due to the Design-Builder hereunder and offset the amounts so paid against the amounts owing to the Design-Builder under the next succeeding Applications for Payment until the total amount is recouped by the Owner.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site.materials § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2., for completed portions of the Work. The Such application shall be notarized, if required, and supported by all such data substantiating the Contractor’s right to payment that as the Owner or Architect may require, such as copies of requisitions, and releases and waivers of liens requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s 's title to such materials and equipment or otherwise protect the Owner’s 's interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s 's knowledge, information, information and belief, be free and clear of liens, claims, security interests, interests or encumbrances, encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities that making a claim by reason of having provided labor, materials, materials and equipment relating to the Work.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect and the Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The Such application shall be notarized, if required, and supported by all such data substantiating the Contractor’s right to payment that as the Owner or Architect may require, such as copies of requisitions, and releases and waivers of liens requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. As a condition to Owner granting any consent pursuant to payment for materials stored off-site, the Owner may impose any conditions required by the Owner’s lender. § 9.3.3 The Contractor warrants that that: (1) title to all Work Work, materials and equipment covered by an Application for Payment will pass to the Owner no later than either by incorporation into the time construction or upon receipt of payment. The Contractor further warrants that upon submittal of an Application payment by the Contractor, whichever occurs first; (2) Work, materials, and equipment covered by previous Applications for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be are free and clear of liens, claims, security interestsinterests or encumbrances (except to the extent the Owner has wrongfully failed to make payment therefor); and (3) no Work, materials or encumbrances, in favor of equipment covered by an Application for Payment will have been acquired by the Contractor, Subcontractorsor any other person performing Work at the site or furnishing materials or equipment for the Project, suppliers, subject to an agreement under which interest therein or encumbrance other persons than statutory lien rights thereon is retained by the seller or entities that provided labor, materials, and equipment relating to otherwise imposed by the WorkContractor or such other person.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The Such application shall be notarized, if required, and supported by all such data substantiating the Contractor’s right to payment that as the Owner or Architect may require, such as copies of requisitions, and releases and waivers of liens requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work.the

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.3.4 Each Application for Payment shall be accompanied by duly executed unconditional waivers of liens from Contractor and each Subcontractor for any amounts included in the previous month’s Application for Payment and duly executed conditional waivers of liens from Contractor and each Subcontractor for any amounts included in the current Application for Payment. All such waivers shall be in the form attached to the Agreement as an exhibit.

Applications for Payment. § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, .. for completed portions of the Work. The Such application shall be notarized, if required, and supported by all such data substantiating the Contractor’s 's right to payment that as the Owner or Architect may require, such as copies of requisitions, and releases and waivers of liens requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s 's title to such materials and equipment or otherwise protect the Owner’s 's interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. payment The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s 's knowledge, information, information and belief, be free and clear of liens, claims, security interests, interests or encumbrances, encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities that making a claim by reason of having provided labor, materials, materials and equipment relating to the Work.. § 9.4