Common use of Approval of Payments Clause in Contracts

Approval of Payments. 14.4.1 CEI or A/E will, within ten (10) days after receipt of each Application for Progress Payment, either indicate in writing recommendation for its approval of payment and present the application to County, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, make necessary arrangements to promptly pay Contractor the amount recommended by the CEI or A/E or return such applications to the CEI or A/E stating objections in writing. 14.4.2 CEI or A/E’s recommendation for approval of any payment requested in an Application for Progress Payment will constitute a representation by it to County, based on CEI or A/E’s on-site observations of the Work in progress and on its review of the Application for Progress Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of its knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning project upon completion; the minor deviations from the Contract Documents correctable prior to completion; the results of any subsequent tests called for in the Contract Documents; and any qualifications stated in its recommendation); and that Contractor is entitled to payment of the amount approved. However, by recommending any such payment CEI or A/E will not thereby be deemed to have represented that it made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that it has reviewed the means, methods, techniques, sequences, and procedures of construction, or that it has made any examination to ascertain how or for what purpose Contractor has used the monies paid or to be paid to it on account of the Contract Sum, or that title to any Work, materials or equipment has passed to County free and clear of any claims by third parties. 14.4.3 CEI or A/E’s recommendation for final payment shall constitute a representation by it to County that the conditions precedent to Contractor being entitled to final payment as set forth in Section 14.10.1, have been fulfilled. 14.4.4 CEI or A/E may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such recommendation to County. It may also, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in its opinion to protect County, including, but not limited to, loss or damage arising from the fact that: 14.4.4.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, 14.4.4.2 Claims or notices of non-payment have been made or delivered, or there is reasonable cause to believe such may be made or delivered, 14.4.4.3 The Contract Sum has been or should be reduced because of Modifications, 14.4.4.4 County has been required to correct defective Work or complete the Work in accordance with Section 13.9, or; 14.4.4.5 Unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.