JOINT PAYEE CHECKS Clause Samples
The Joint Payee Checks clause establishes that payments made under a contract will be issued to more than one party, requiring all named payees to endorse the check before it can be cashed or deposited. In practice, this often applies when a contractor and a subcontractor, or a contractor and a material supplier, are both entitled to payment for work performed or materials supplied. By requiring joint endorsement, the clause ensures that all parties with a financial interest in the payment receive their share, thereby reducing the risk of nonpayment or disputes over funds.
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JOINT PAYEE CHECKS. If Contractor fails to make timely payments to any subcontractor or vendor, Owner may elect to issue one or more checks which are payable jointly to Contractor and the relevant subcontractor or vendor of any tier. Such checks shall be forwarded to Contractor for further handling. Owner may also elect to issue jointly payable checks in circumstances where a dispute exists between Owner and Contractor.
JOINT PAYEE CHECKS. Owner shall have the right at any time and from time to time upon notice to Contractor, to issue one or more checks for portions of a progress payment and Final Payment which are payable jointly to Contractor and its Subcontractors or Vendors of any tier or the parties owed. This right includes, but is not limited to, issuing jointly payable checks in circumstances where a dispute exists between Owner and Contractor with respect to the value of any partially or fully completed Work, including disputed Change Proposal Requests and Claims, and circumstances where Contractor has failed to provide lien waiver documents as required herein. Any such checks are forwarded to Contractor for further handling. Without limiting the generality of the foregoing, if Contractor fails, neglects, or refuses to pay for labor or services performed or materials or equipment supplied in connection with the Work as payments become due, except as are permitted under the Contract Documents, Owner shall have the right (but not the obligation) to make payments directly for any and all such labor, materials, or equipment and to deduct the amount of such payment from any payments otherwise due Contractor and from the Guaranteed Maximum Price. Owner shall have the right upon five (5) days prior written notice to stop the performance of the Work by Contractor until payment of all amounts due and owing has been made, provided, however, Owner shall not have any duty to stop the Work.
JOINT PAYEE CHECKS. Owner shall have the right at any time and from time to time upon notice to Contractor, to issue one or more checks for portions of a progress payment, Original Project Final Payment or Expansion Project Final Payment which are payable jointly to Contractor and its Subcontractors or Vendors of any tier or the parties owed. This right includes, but is not limited to, issuing jointly payable checks in circumstances where a dispute exists between Owner and Contractor with respect to the value of any partially or fully completed Work, including disputed Change Proposal Requests and Claims, and circumstances where Contractor has failed to provide lien waiver documents as required herein. Any such checks shall be forwarded to Contractor for further handling. Without limiting the generality of the foregoing, if Contractor fails, neglects, or refuses to pay for labor or services performed or materials or equipment supplied in connection with the Work for which Contractor has been paid by Owner, Owner shall have the right (but not the obligation), after giving Contractor written notice thereof, and provided that Contractor fails within fifteen (15) days after such notice to cure such situation or to put forward satisfactory reasons to justify such non-payment, to make payments directly for any and all such labor, materials, or equipment and to deduct the amount of such payment from any payments otherwise due to Contractor and from the Original Project Guaranteed Maximum Price or Expansion Project Guaranteed Maximum Price (as applicable).
JOINT PAYEE CHECKS. If Consultant fails to make timely payments to any Subconsultants, Owner may elect to issue one or more checks which are payable jointly to Consultant and the relevant Subconsultant of any tier. Such checks shall be forwarded to Consultant for further handling. Owner may also elect to issue jointly payable checks in circumstances where a dispute exists between Owner and Consultant.
JOINT PAYEE CHECKS. If Architect fails to make timely payments to any of Architect’s Consultants or any other subcontractor or vendor, Owner may elect to issue one or more checks which are payable jointly to Architect and the relevant Architect’s Consultant, subcontractor or vendor of any tier. Such checks shall be forwarded to Architect for further handling. Owner may also elect to issue jointly payable checks in circumstances where a dispute exists between Owner and Architect.