Common use of Payment Claims Clause in Contracts

Payment Claims. (1) The Contractor is required under Clause 9(a) to notify the Sub-Contractor of the first Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered in the Appendix Part 1 after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide to the Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apart. (2) On or before each Payment Claim Date, the Sub-Contractor shall submit to the Contractor a Payment Claim1 which will include a detailed breakdown of the sum it considers to be the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating the amount it considers payable, which amount will be calculated as follows:- (i) the cumulative value of the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plus (ii) where the Sub-Contractor is required to carry out design of the Sub-Contract Works, the value of design completed to date, plus (iii) if applicable [as provided for below in sub-clause 11(e)] the value of unfixed Sub- Contract Works Items, plus (iv) amounts due by the Contractor in respect of Compensation Events under the Main Contract as provided for in clause 10 hereof, plus (v) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) the total amount of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter of the Payment Claim. (4) The Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative (of which the Contractor will give reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5) If the Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the Sub-Contractor will be based on that estimate and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(4) hereof. 1 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013

Payment Claims. (1a) The Contractor is required under Clause 9(a) to notify Unless otherwise specified in the Sub-Contractor of Subcontract, the first Subcontractor must submit a Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered each month on the date specified in Clause 26 for the Appendix Part 1 after value of work actually performed by the previous Payment Claim Date. Alternatively Subcontractor up to that date calculated in accordance with the Contractor, when notifying the first Payment Claim Date may provide to the Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apartpurchase order. (2b) On or before each If the Subcontractor submits a Payment Claim Dateearlier than the relevant time, that Payment Claim will not be taken to have been submitted until the Sub-Contractor shall submit to relevant time, and the Contractor a Payment Claim1 which will include a detailed breakdown early submission of the sum it considers to be the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating will not require the amount it considers payable, which amount will be calculated as follows:-Contractor to make a determination or payment in respect of that Payment Claim any earlier than would have been the case if the Subcontractor had actually submitted the payment claim at the relevant time. (c) The Subcontractor must submit Payment Claims in the form directed by the Contractor’s Representative. (d) A Payment Claim must: (i) identify the cumulative value of work and Materials to which the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plusPayment Claim relates. (ii) where the Sub-Contractor is required to carry out design of the Sub-Contract Works, state the value of design completed to date, plusthat work and those Materials. (iii) if applicable [as provided identify and state the amount the Subcontractor claims for below in sub-clause 11(e)] any other Claim that the value Contractor has agreed or is required to pay under any provision of unfixed Sub- Contract Works Items, plusthe Subcontract; and (iv) amounts due by the Contractor in respect of Compensation Events state that it is made under the Main Contract as provided for in clause 10 hereof, plusSOP Act. (ve) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plusPayment Claims must be accompanied by: (vii) Other adjustments in accordance with Clause 10 hereof, plusall relevant calculations. (viiii) If applicablecompleted and true subcontractor’s statement, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) both executed on the total amount of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter date of the Payment Claim. (4iii) The Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress Conformance Records showing conformance with particular requirements of the Sub-Contract WorksSubcontract, together as provided in the Subcontract, signed by the Subcontractor and also by any Consultants involved in the work, verifying that all work that has been done with Materials that have been supplied are in accordance with the Subcontract; and (iv) any other supporting evidence required information specified in the Subcontract or otherwise directed by the Employer’s Representative (of which the Contractor will give reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5f) Payment Claims must not include amounts for Materials not yet incorporated into the Subcontract Works unless the following conditions are satisfied: (i) prior to the Subcontractor giving the Payment Claim, the Contractor agrees in writing to pay the Subcontractor for Materials not yet incorporated into the Subcontract Works. (ii) the Subcontractor provides a detailed Clause 26 of the specified Materials and evidence that the Materials are marked in the name of the Contractor and are insured for their full value, no later than 14 days before submitting the Payment Claim. (iii) prior to submitting the Payment Claim, the Subcontractor provides an undertaking to the Contractor equal to the amount to be included in the Payment Claim for the specified Materials not yet incorporated into the Subcontract Works. (iv) the only unfixed Materials included in the valuation are those that have become or, on payment for Materials still unfixed, will become, the property of the Contractor free of any Encumbrance. (v) the Subcontractor provides to the Contractor evidence of the Subcontractor’s ownership; and (vi) for any such Materials imported or to be imported into Australia, the Subcontractor has given the Contractor a clean on-board bill of lading for the Materials, drawn or endorsed to the order of the Contractor, appropriate insurance certificates and a Customs invoice for the Materials. (g) The Subcontractor warrants for itself and for and on behalf of its contractors and Suppliers that no Encumbrance exists over any Materials incorporated into the Subcontract Works by or on behalf of the Subcontractor. (h) If the Sub-Contractor fails to submit a Payment Claim as and at Subcontract or the time requiredSubcontractor’s employment under the Subcontract is terminated by the Contractor, the Contractor may include in its Payment Claim its own estimate of Subcontractor must ensure that the sum due Contractor, in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any unfixed Materials for which payment has been made or which have been appropriated to the Sub-Contractor will be based on that estimate Subcontract, may enter upon any premises where the Materials are stored and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect take possession of Pay and Conditions of Employment) required by clause 5(c)(4) hereofthose Materials. 1 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013

Payment Claims. (1) The Contractor is required under Clause 9(a) to notify the NN Sub-Contractor of the first Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered in the Appendix Part 1 1F after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide to the NN Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apart. (2) On or before each Payment Claim Date, the NN Sub-Contractor shall submit to the Contractor a Payment Claim1 Claim2 which will include a detailed breakdown of the sum it considers to be the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating the amount it considers payable, which amount will be calculated as follows:- (i) the cumulative value of the Sub-Contract Works properly designed (to the extent that this is the NN Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plus (ii) where the NN Sub-Contractor is required to carry out design of the Sub-Contract Works, the value of design completed to date, plus (iii) if applicable [as provided for below in sub-clause 11(e)] the value of unfixed Sub- Contract Works Items, plus (iv) amounts due by the Contractor in respect of Compensation Events under the Main Contract as provided for in clause 10 hereof, plus (v) other sums claimed by the NN Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) the total amount of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter of the Payment Claim. (4) The NN Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative (of which the Contractor will give reasonable notice to the NN Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5) The NN Sub-Contractor will provide with each of the NN Sub-Contractor’s Payment Claims the certificate required by clause 5(c)(4) (Pay and Conditions of Employment of NN Sub-Contractor’s Personnel) hereof. The provision of this certificate is a condition precedent to payment by the Contractor to the NN Sub-Contractor in respect of that period. (6) If the NN Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the NN Sub-Contractor will be based on that estimate and will be subject to the NN Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(4) hereof. 1 2 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013

Payment Claims. (1) The Contractor is required under Clause 9(a) to notify the Sub-Contractor of the first Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered in the Appendix Part 1 after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide to the Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apart. (2) On or before each Payment Claim Date, the Sub-Contractor shall submit to the Contractor a Payment Claim1 which will include a detailed breakdown of the sum it considers to be the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating the amount it considers payable, which amount will be calculated as follows:- (i) the cumulative value of the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plus (ii) where the Sub-Contractor is required to carry out design of the Sub-Contract Works, the value of design completed to date, plus (iii) if applicable [as provided for below in sub-clause 11(e)] the value of unfixed Sub- Contract Works Items, plus (iv) amounts due by the Contractor in respect of Compensation Events under the Main Contract as provided for in clause 10 hereof, plus (v) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) the total amount of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter of the Payment Claim. (4) The Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative (of which the Contractor will give 1 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013 reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5) The Sub-Contractor will provide with each of the Sub-Contractor’s Payment Claims the certificate required by clause 5(c)(4) (Pay and Conditions of Employment of Sub- Contractor’s Personnel) hereof. The provision of this certificate is a condition precedent to payment by the Contractor to the Sub-Contractor in respect of that period. (6) If the Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the Sub-Contractor will be based on that estimate and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(4) hereof. 1 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013

Payment Claims. Subject to clause 15.7, the Supplier must give the Superintendent or its nominee (1as agent for PON) The Contractor is required under Clause 9(a) to notify the Sub-Contractor claims for payment on account of the first Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered in the Appendix Part 1 after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide Price and any other amount payable by PON to the Sub-Contractor a list Supplier under this Contract (Payment Claim): on the Date of subsequent Payment Claim Dates which shall be not Completion or, where the relevant supply or Services spans more than 30 days apart. (2) On one month, on the 25th day of the month in which the relevant Goods are supplied or before each Services performed; that identify the Goods and/or Services to which it relates, including the Purchase Order number and amount claimed; and in a form and containing all other information required by PON. If PON intends to pay an amount less than that claimed in a Payment Claim DateClaim, within 10 Business Days after receiving a Payment Claim, the Sub-Contractor shall submit Superintendent or its nominee must issue to the Contractor Supplier a payment schedule (Payment Claim1 which will include a detailed breakdown of the sum it considers to be Schedule) which: states the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating the amount it considers payable, which amount will be calculated as follows:- (i) the cumulative value of the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plus (ii) where the Sub-Contractor is required to carry out design of the Sub-Contract Works, the value of design completed to date, plus (iii) if applicable [as provided for below in sub-clause 11(e)] the value of unfixed Sub- Contract Works Items, plus (iv) amounts due by the Contractor in respect of Compensation Events under the Main Contract as provided for in clause 10 hereof, plus (v) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention Goods supplied or Services performed in accordance with this clauseContract and for which payment has not previously been made; identifies any amounts PON is entitled to retain, less deduct, withhold or set off from moneys otherwise due to the Supplier; and states the amount, if any, PON proposes to pay to the Supplier (ixScheduled Amount) the total amount of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter reasons for the difference. Subject to clauses 15.7, PON must pay the Supplier the Scheduled Amount within 15 Business Days after receipt by the Superintendent of the relevant Payment Claim. If a Payment Schedule shows an amount owing by the Supplier to PON, the Supplier must pay such amount to PON within 5 Business Days after receipt by the Supplier of the Payment Claim. (4) Schedule. Failure by the Superintendent to set out in a Payment Schedule an amount PON is entitled to retain, deduct, withhold or set-off will not prejudice PON’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Sub-Contractor’s Superintendent may, in any Payment Claims shall be accompanied by sufficient information in relation to progress Schedule correct any error in, or otherwise modify, any previous Payment Schedule. Payment under clause 15.3 is not evidence of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative (value of which the Contractor will give reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5) If the Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the Sub-Contractor will be based on Goods supplied or Services performed or that estimate and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(4) hereof. 1 A Payment Claim submitted Goods have been supplied or Services performed in accordance with this clause Contract or an admission of liability and is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013on account only.

Payment Claims. (1) The Contractor shall, subject to and in accordance with the Main Contract, on each of its Payment Claim Dates, make application to the Architect for Certificates of Payment and for inclusion therein of the amount which at the date thereof fairly represents the value of the Sub-Contract Works and any variations authorised under this Sub-Contract then executed and of the materials and goods delivered upon the site or materials vested for use in the Sub-Contract Works. (2) The Contractor is required under Clause 9(a) to notify the Sub-Contractor of the first Payment Claim Date. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time as is entered in the Appendix Part 1 1F after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide to the Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apart. (23) On or before each Payment Claim Date, the Sub-Contractor shall submit to the Contractor a Payment Claim1 Claim2 which will include a detailed breakdown of the sum it considers to be the value of the Sub-Contract Works completed up to the Payment Claim Date and indicating the amount it considers payable, which amount will be calculated as follows:- (i) the The cumulative value of the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued in accordance with the rates and prices used in the calculation of the Sub-Contract Sum, plus (ii) where the Sub-Contractor is required to carry out design of the Sub-Contract Works, the value of design completed to date, plus (iii) if applicable [as provided for below in sub-clause 11(e)] the value of unfixed Sub- Contract Works Items, plus (iv) amounts due by the Contractor in respect of Compensation Events variations under the Main Contract as provided for in clause 10 hereof, plus (v) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) the total amount of previous payments (34) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter of the Payment Claim. (45) The Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative Architect/Engineer (of which the Contractor will give reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”Clause 35(b) of the Main Contract. 2 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013 (56) If the Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the Sub-Contractor will be based on that estimate and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(45(c)(1) hereof. 1 A Payment Claim submitted in accordance with this clause is deemed to be a payment claim notice pursuant to Section 4 of the Construction Contracts Act 2013

Payment Claims. Subject to this Agreement, the Consultant is entitled to submit a claim for payment of the Fee (1including any Expenses) The Contractor is required under Clause 9(aprogressively throughout the provision of the Services at monthly intervals (each a Payment Date). Each Payment Claim must include: a reasonable description of that part of the Services performed (including, where relevant, any Variations performed and any Milestones achieved) by the Consultant during the period to notify which the Payment Claim relates (Claim Period); the amount claimed by the Consultant on account of the Fee and the basis on which it has been calculated; a statutory declaration in the form contained in Schedule 8 stating that all Sub-Contractor consultants and workers (if any) have been paid all moneys due and payable to them in relation to the provision of the first Payment Claim DateServices; and any other information reasonably requested in writing by the Department. Subsequent Payment Claim Dates will be 30 calendar days or such shorter time Estimated Total Construction Cost Clauses 4.5 and 4.6 only apply if so indicated in Item 6. The parties acknowledge and agree that: as is entered in at the Appendix Part 1 after the previous Payment Claim Date. Alternatively the Contractor, when notifying the first Payment Claim Date may provide to the Sub-Contractor a list of subsequent Payment Claim Dates which shall be not more than 30 days apart. (2) On or before each Payment Claim Commencement Date, the SubFee comprises some amounts which are fixed lump sums and some amounts which are percentage-Contractor shall submit to based sums; from the Contractor a Payment Claim1 which will include a detailed breakdown of the sum it considers to be the value of the Sub-Contract Works completed up to Commencement Date until the Payment Claim Date and indicating due immediately before the amount it considers payableReconciliation Date, which amount the percentage based sums will be calculated based on the Estimated Total Construction Cost; promptly after the Reconciliation Date the Department must notify the Consultant in writing of what: amount constitutes the Revised Estimated Total Construction Cost; and single fixed lump sum amount constitutes the Fee (as follows:- (i) the cumulative value of the Sub-Contract Works properly designed (to the extent that this is the Sub-Contractor’s responsibility) and executed, valued determined in accordance with the rates and prices used clause 4.6); in the calculation Payment Claim submitted immediately after the Reconciliation Date, any previous payments made on account of the Sub-Contract Sum, plus (ii) where the Sub-Contractor is required Fee are to carry out design be reconciled so that any overpayment or underpayment of the SubFee due to payments being made calculated on the basis of the Estimated Total Construction Cost is addressed. The Department must determine what amount constitutes the single fixed lump sum Fee under sub-Contract Worksclause 4.5(c)(ii) by: for each of those Milestones which are stated in option 2 of part B to Schedule 2 to be 'Percentage based', multiplying the value relevant percentage stated in the fourth column to the table contained in option 2 of design completed part B to date, plus (iii) if applicable [as provided for below Schedule 2 by the Revised Estimated Total Construction Cost; adding the amounts referred to in sub-clause 11(e)] above together; and adding the value amount determined under sub-clause above to each of unfixed Sub- Contract Works Items, plus (iv) those amounts due by the Contractor which are stated in respect option 2 of Compensation Events under the Main Contract as provided for in clause part B to Schedule 2 to be a 'Fixed Sum'. Payment Schedules Within 10 hereof, plus (v) other sums claimed by the Sub-Contractor in accordance with clause 10 hereof, plus (vi) Other adjustments in accordance with Clause 10 hereof, plus (vii) If applicable, any sum payable in relation to price variation under clause 10(d) hereof, less (viii) retention in accordance with this clause, less (ix) the total amount Business Days after receipt of previous payments (3) The Payment Claim shall state the period, stage of work or activity to which it relates and the subject matter of the Payment Claim. (4) The Sub-Contractor’s Payment Claims shall be accompanied by sufficient information in relation to progress of the Sub-Contract Works, together with any other supporting evidence required by the Employer’s Representative (of which the Contractor will give reasonable notice to the Sub-Contractor), to enable the Contractor to meet the requirements of clause 11.1 (“Interim Payment”) of the Main Contract. (5) If the Sub-Contractor fails to submit a Payment Claim as and at the time required, the Contractor may include in its Payment Claim its own estimate of the sum due in respect of the Sub-Contract Works but shall not be obliged to do so. In this event, any payment to the Sub-Contractor will be based on that estimate and will be subject to the Sub-Contractor providing a Payment Claim showing that at least this amount is due and providing the certificate (in respect of Pay and Conditions of Employment) required by clause 5(c)(4) hereof. 1 A Payment Claim submitted in accordance with clauses 4.2 and 4.3, the Department may issue a payment schedule. Where the Department elects to issue a payment schedule, the payment schedule must: if it is in response to the submission of a Payment Claim, identify the Payment Claim and invoice to which it relates; indicate the amount of the payment, if any, which in the reasonable opinion of the Department, is to be made by the Department to the Consultant or by the Consultant to the Department (Scheduled Amount); and if the Scheduled Amount is less than the amount claimed in the Payment Claim, indicate why the Scheduled Amount is less (including deductions made pursuant to clause 4.21 or 4.22). If the Scheduled Amount is less because the Department is withholding payment for any reason, the Department's reason for withholding payment must be indicated. If the Department issues a payment schedule under this clause 4: the amount (if any) set out in a payment schedule as the amount of payment which the Department proposes to make to the Consultant is, for the purposes of sections 9, 10, 11 and 12 of the Security of Payment Act, the amount of the 'progress payment' (as defined in the Security of Payment Act) calculated in accordance with this Agreement which the Consultant is deemed entitled to be paid under this Agreement; and failure by the Department to set out in a payment claim notice pursuant schedule an amount which the Department is entitled to Section 4 retain, deduct, withhold or set-off (whether under this Agreement or otherwise) from the amount which would otherwise be payable to the Consultant by the Department will not prejudice the Department's right subsequently to exercise that right to retain, deduct, withhold or set-off any amount. Subject to the provisions of this Agreement, within 44 days after receipt by the Department of the Construction Contracts Act 2013relevant Payment Claim or, where a payment schedule has been issued by the Department, within 30 days after the date of such issuance (whichever is the earlier), the Department must pay to the Consultant or the Consultant must pay to the Department, as the case may be, the Scheduled Amount (or, if no payment schedule was issued, the amount stated in the Payment Claim). Any payment of moneys under this clause 4 is not: evidence of the value of the Services or that the Services have been satisfactorily carried out in accordance with this Agreement; any admission of liability; or approval by the Department of the Consultant's performance and compliance with this Agreement, but is only to be taken as payment on account.