Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided in this Section 3.4 and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 30 contracts
Samples: Contract for Construction, Contract for Construction, Construction Contract
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided in this Section 3.4 herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 24 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor subcontractor the amount of penalty as provided in this Section 3.4 herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 2 contracts
Samples: Electronic Payment Services Agreement, Electronic Payment Services Agreement
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided in this Section 3.4 herein and the amount owed the worker. The Owner may use any amounts retained hereunder to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 2 contracts
Samples: Construction Services Agreement, Construction Services Agreement
Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided in this Section 3.4 § 3.3 thereof and the amount owed the worker. The Owner may use any amounts retained hereunder under § 3.4.1 hereof to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorneys’ fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner.
Appears in 1 contract
Samples: Construction Manager Agreement