Common use of Applications for Payment Clause in Contracts

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s work Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s work Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s work Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities issuing of an Application for Payment by the Engineer contained in paragraph A1.05.A.6.a are expressly subject shall not represent that he has made any investigation to determine the uses made by the Contractor of sums paid to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhereContractor. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check review the quality or quantity of Contractor’s work as it is performed requests for progressive payments in a timely fashion, and furnished have been exhaustive, extended shall forward same to every aspect of Owner for approval and payment on a routine basis. Owner shall consider the Contractor’s work in progress, or involved detailed inspections payment requests at the next regularly scheduled meeting of the Work beyond Board of Supervisors, and shall issue payments to the responsibilities specifically assigned to Engineer in this Agreement and Contractor on a timely basis after such request has been approved by the Contract Documents. Neither Engineer’s review Board of Contractor’s work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paidSupervisors.

Applications for Payment. Based on Engineer’s on-site observations as an experienced and qualified design professional professional, on information provided by the Resident Project Representative and on review of Applications applications for Payment payment and the accompanying supporting documentationdata and schedules: a. Determine 2.6.9.1 Engineer shall determine the amounts that Engineer recommends owed to Contractor be paidand recommend in writing payments to Contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to Owner, Owner based on such observations and review, that the work has progressed to the point indicated, and that, to the best of Engineer’s knowledge, information and belief, Contractor’s work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations determination of quantities and classifications of Contractor’s such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. 2.6.9.2 By recommending any payment, payment Engineer shall will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer to check the quality or quantity of Contractor’s work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer responsibility to supervise, direct, direct or control Contractor’s such work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s Contractor compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progresswork, materials, materials or equipment has passed to Owner free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paidpaid except as provided in, but not limited to paragraph 2.6.3.

Applications for Payment. Based on EngineerENGINEER’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute EngineerENGINEER’s representation to OwnerOWNER, based on such observations and review, that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s work has progressed to the point indicated, the quality of such work is generally substantially in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is EngineerENGINEER’s responsibility to observe Contractor’s work. In the case of unit price work, EngineerENGINEER’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in paragraph A1.05.A.6.a A1.04.A.5.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b A1.04.A.5.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations made by Engineer ENGINEER to check the quality or quantity of Contractor’s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s work for the purposes of recommending payments nor EngineerENGINEER’s recommendation of any payment including final payment will impose on Engineer ENGINEER responsibility to supervise, direct, or control Contractor’s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on EngineerENGINEER’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute EngineerENGINEER’s representation to OwnerOWNER, based on such observations and review, that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractorcontractor’s being entitled to such payment appear to have been fulfilled in so far as it is EngineerENGINEER’s responsibility to observe Contractor’s work. In the case of unit price work, EngineerENGINEER’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in this paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b subparagraph b. below and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations made by Engineer ENGINEER to check the quality or quantity of Contractor’s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s work for the purposes of recommending payments nor EngineerENGINEER’s recommendation of any payment including final payment will impose on Engineer ENGINEER responsibility to supervise, direct, or control Contractor’s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s work Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s work Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on EngineerENGINEER’s on site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying supporting documentationdata and schedules: a. Determine 2.4.10.1 ENGINEER shall determine the amounts that Engineer recommends Contractor be paid. Such ENGINEER recommendations of payment will be in writing and will constitute EngineerENGINEER’s representation to OwnerOWNER, based on such observations and review, that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s the work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is EngineerENGINEER’s responsibility to observe Contractor’s the work. In the case of unit price work, EngineerENGINEER’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in paragraph A1.05.A.6.a 2.4.10.1 are expressly subject to the limitations set forth in paragraph A1.05.A.6.b 2.4.10.2 and other express or general limitations in this Agreement and elsewhere. b. 2.4.10.2 By recommending any payment, Engineer payment ENGINEER shall not thereby be deemed to have represented that on-site observations made by Engineer ENGINEER to check the quality or quantity of Contractor’s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s the work in progress, or involved detailed inspections of the Work work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s work for the purposes of recommending payments nor EngineerENGINEER’s recommendation of any payment (including final payment payment) will impose on Engineer ENGINEER responsibility to supervise, direct, direct or control Contractor’s such work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions sequences or programs incident indicent thereto, or Contractor’s compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progresswork, materials, materials or equipment has passed to Owner OWNER free and clear of any liens, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s 's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s 's representation to Owner, based on such observations and review, that, to the best of Engineer’s 's knowledge, information and belief, Contractor’s work the Work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s 's being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s 's responsibility to observe Contractor’s workthe Work. In the case of unit price work, Engineer’s 's recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a Al.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b Al.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s work the Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s work the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s 's review of Contractor’s work the Work for the purposes of recommending payments nor Engineer’s 's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s 's compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.