Common use of Approval of Payments Clause in Contracts

Approval of Payments. The AE will, within ten (10) calendar days after receipt of each Application for Payment, either indicate his approval of payment and deliver the application to the Owner or return the Application to the CM indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the Application. The Owner will, within five (5) calendar days after receipt of each approved application for payment, either indicate their approval of payment and within fifteen (15) calendar days pay the CM ninety five percent (95%) of the portion of the GMP properly allocated to labor, materials and equipment incorporated in the Work and ninety five percent (95%) of the portion of the GMP properly allocated to materials and equipment suitably stored at the site or at some other location or return the application to the CM through the AE indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the application to the AE. The AE's approval of any payment requested in an Application for Payment shall constitute a representation by him to the Owner, based on the AE's on-site observations of the Work in progress and on his review of the Application for Payment and the supporting data that the CM is entitled to payment of the amount approved. The AE may refuse to approve the whole or any part of any payment if in his opinion, he is unable to make such representations to the Owner. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the Owner from loss because: 1) The Work is defective; 2) A portion of such payment is the subject of a dispute or claim that has been filed. 3) The amount has been reduced because of Modifications; 4) The Owner has been required to correct defective Work or complete the Work in accordance with the guarantee and warranty. 5) Of unsatisfactory prosecution of the Work, including failure to clean up.

Approval of Payments. The AE will, within ten (10) calendar days after receipt of each Application for Payment, either indicate his approval of payment and deliver the application to the Owner or return the Application to the CM indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the Application. The Owner will, within five (5) calendar days after receipt of each approved application for payment, either indicate their approval of payment and within fifteen (15) calendar days pay the CM ninety five percent (9590%) of the portion of the GMP properly allocated to labor, materials and equipment incorporated in the Work and ninety five percent (9590%) of the portion of the GMP properly allocated to materials and equipment suitably stored at the site or at some other location or return the application to the CM through the AE indicating in writing the reason for refusing to approve payment. In the latter later case, the CM may make the necessary corrections and resubmit the application to the AE. The AE's approval of any payment requested in an Application for Payment shall constitute a representation by him to the Owner, based on the AE's on-site observations of the Work in progress and on his review of the Application for Payment and the supporting data that the CM is entitled to payment of the amount approved. The AE may refuse to approve the whole or any part of any payment if in his opinion, he is unable to make such representations to the Owner. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the Owner from loss because: 1) The Work is defective; 2) A portion of such payment is the subject of a dispute or claim that has been filed. 3) The amount has been reduced because of Modifications; 4) The Owner has been required to correct defective Work or complete the Work in accordance with the guarantee and warranty. 5) Of unsatisfactory prosecution of the Work, including failure to clean up.