Common use of Payment by TxDOT Clause in Contracts

Payment by TxDOT. Within ten Business Days after TxDOT’s receipt of a complete Draw Request, TxDOT will review the Draw Request and all attachments and certificates thereto for conformity with the requirements of the Contract Documents, and shall notify DB Contractor of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request. DB Contractor may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the Contract Documents related thereto. Within five Business Days after TxDOT’s approval of a Draw Request, TxDOT shall pay DB Contractor the amount of the Draw Request approved for payment less any amounts which TxDOT is entitled to withhold or deduct. In no event shall DB Contractor be entitled to: (a) payment for any activity in excess of the value of the activity times the completion percentage of such activity (for non-unit priced Work), or (b) aggregate payments hereunder in excess of: (i) the overall completion percentage for the Project times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change Orders.

Payment by TxDOT. Within ten Business Days after TxDOT’s receipt of a complete Draw Request, TxDOT will review the Draw Request and all attachments and certificates thereto for conformity with the requirements of the Contract CDA Documents, and shall notify DB Contractor Developer of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request. DB Contractor Developer may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the Contract CDA Documents related thereto. Within five Business Days after TxDOT’s approval of a Draw Request, TxDOT shall pay DB Contractor Developer the amount of the Draw Request approved for payment less any amounts which TxDOT is entitled to withhold or deduct. In no event shall DB Contractor Developer be entitled to: (a) payment for any activity in excess of the value of the activity times the completion percentage of such activity (for non-unit priced Work), or (b) aggregate payments hereunder in excess of: (i) the overall completion percentage for the Project times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change Orders.