Common use of ESTIMATION OF DELINQUENCY Clause in Contracts

ESTIMATION OF DELINQUENCY. When a Contributing Employer (a) is two (2) or more months delinquent and has failed to submit the required Payments and/or fringe benefit Contribution Report Forms, or (b) fails to submit the requested documentary records for any part of an audit period, the JTB may estimate the Payments due as being the greater of the average of the monthly reported Contributions due or Payments submitted by the Contributing Employer for the last three (3) months for which Contribution Report Forms or Payments were submitted, or the average of the monthly reported Contributions due or Payments submitted by the Contributing Employer for the last twelve (12) months for which Contribution Report Forms or Payments were submitted, or such other methods as the JTB or its designated Agent deems appropriate. This estimated Delinquency may be used by the JTB in the event a civil action is instituted by the Entities to recover Payments due resulting from an audit or from a delinquent Contributing Employer’s failure to make Payments on a timely basis as required under the Collective Bargaining Agreement(s) and/or Trust Agreements. The JTB shall have the authority to assess interest, liquidated damages, attorneys’ fees and costs on the estimated Delinquency.

ESTIMATION OF DELINQUENCY. When a Contributing Employer (a) is two (2) or more months delinquent and has failed to submit the required Payments and/or fringe benefit Contribution Report Forms, or (b) fails to submit the requested documentary records for any part of an audit period, the JTB may estimate the Payments due as being the greater of the average of the monthly reported Contributions due or Payments submitted by the Contributing Employer for the last three (3) months for which Contribution Report Forms or Payments were submitted, or the average of the monthly reported Contributions due or Payments submitted by the Contributing Employer for the last twelve (12) months for which Contribution Report Forms or Payments were submitted, or such other methods as the JTB or its designated Agent deems appropriate. This estimated Delinquency may be used by the JTB in the event a civil action is instituted by the Entities to recover Payments due resulting from an audit or from a delinquent Contributing Employer’s failure to make Payments on a timely basis as required under the Collective Bargaining Agreement(s) and/or Trust Agreements. The JTB shall have the authority to assess interest, liquidated damages, attorneys’ fees fees, and costs on the estimated Delinquency.