Common use of Conditions Precedent to Final Payment Clause in Contracts

Conditions Precedent to Final Payment. The final payment shall not become due until the CONTRACTOR submits to the OWNER or the Owner’s Representative: 1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; 2) consent of surety to final payment; 3) if required by this Contract or applicable law or ordinance, and other documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Work, to the extent and in such form as may be designated by the OWNER; 4) items as required herein this Contract; If any Subcontractor refuses to furnish a release or waiver required by the OWNER, the CONTRACTOR may furnish a bond satisfactory to the OWNER to indemnify OWNER against any such lien. If any such lien remains unsatisfied after all payments are made and a bond satisfactory to the OWNER to indemnify OWNER against any such lien is not provided by the CONTRACTOR, the CONTRACTOR shall pay on demand to the OWNER all moneys that the OWNER may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees.

Appears in 2 contracts

Samples: General Construction Agreement, General Construction Agreement

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Conditions Precedent to Final Payment. The final payment shall not become due until the CONTRACTOR Contractor submits to the OWNER or the Owner’s RepresentativeEngineer: 1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER Owner or his property might in any way be responsible, have been paid or otherwise satisfied; 2) consent of surety to final payment; 3) if required by this Contract or applicable law or ordinance, and other documentation data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Work, to the extent and in such form as may be designated by the OWNEROwner; 4) items as required herein by Paragraph 2.01(13) of this Contract; If any Subcontractor refuses to furnish a release or waiver required by the OWNEROwner, the CONTRACTOR Contractor may furnish a bond satisfactory to the OWNER Owner to indemnify OWNER Owner against any such lien. If any such lien remains unsatisfied after all payments are made and a bond satisfactory to the OWNER Owner to indemnify OWNER owner against any such lien is not provided by the CONTRACTORContractor, the CONTRACTOR Contractor shall pay on demand to the OWNER Owner all moneys that the OWNER Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees.

Appears in 2 contracts

Samples: Bid Specifications and Standard Agreement for Traffic Signal Construction, Bid Specifications and Standard Agreement

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Conditions Precedent to Final Payment. The final payment shall not become due until the CONTRACTOR Contractor submits to the OWNER or the Owner’s Representative: Engineer: 1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER Owner or his property might in any way be responsible, have been paid or otherwise satisfied; 2) consent of surety to final payment; 3) if required by this Contract or applicable law or ordinance, and other documentation data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Work, to the extent and in such form as may be designated by the OWNEROwner; 4) items as required herein by Article 2.00 of this Contract; If any Subcontractor refuses to furnish a release or waiver required by the OWNEROwner, the CONTRACTOR Contractor may furnish a bond satisfactory to the OWNER Owner to indemnify OWNER Owner against any such lien. If any such lien remains unsatisfied after all payments are made and a bond satisfactory to the OWNER Owner to indemnify OWNER owner against any such lien is not provided by the CONTRACTORContractor, the CONTRACTOR Contractor shall pay on demand to the OWNER Owner all moneys that the OWNER Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees.

Appears in 1 contract

Samples: Construction Contract

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