Common use of Payments to Subcontractors Clause in Contracts

Payments to Subcontractors. The Contractor shall promptly, within ten (10) calendar days after receipt of payment from the Owner, pay all the amount due subcontractors less a retainage of ten percent (10%) until the Project is fifty percent (50%) complete. After fifty percent (50%) completion of the Project, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than five percent (5%). The specified amount to be withheld must be determined on a case by case basis and must be based on the Contractor’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the contractor’s ability to rely on other safeguards. The Contractor shall notify the subcontractor in writing of its determination to withhold more than five percent (5%) and the reasons for making that determination, and the Contractor may not request the release of such retained funds from the Owner. If there should remain items to be completed, the Contractor and Architect/Engineer shall list those items required for completion and the Contractor shall require the retainage of a sum equal to one hundred fifty percent (150%) of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner.

Payments to Subcontractors. The Contractor shall promptly, within ten fifteen (1015) calendar days after receipt of payment from the Owner, pay all the amount due subcontractors less a retainage of ten percent (10%) until the Project is fifty percent (50%) complete. After fifty percent (50%) completion of the Project, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than five percent (5%). The specified amount to be withheld must be determined on a case by case basis and must be based on the Contractor’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the contractor’s ability to rely on other safeguards. The Contractor shall notify the subcontractor in writing of its determination to withhold more than five percent (5%) and the reasons for making that determination, and the Contractor may not request the release of such retained funds from the Owner. If there should remain items to be completed, the Contractor and Architect/Engineer shall list those items required for completion and the Contractor shall require the retainage of a sum equal to one hundred fifty percent (150%) of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner.

Payments to Subcontractors. The Contractor Construction Manager shall promptly, within ten (10) calendar 10 days after receipt of payment from the Owner, pay all the amount due subcontractors and suppliers less a retainage of ten percent (10%) until the Project project is fifty percent (50%) complete After the project is fifty percent (50%) complete. After fifty percent (50%) completion of the Project, the Contractor Construction Manager may elect to withhold retainage from payments to its subcontractors at a rate higher than five 5 percent (5%). The specified specific amount to be withheld must be determined on a case by case-by-case basis and must be based on the Contractorcontractor’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the contractorConstruction Manager’s ability to rely on other safeguards. The Contractor Construction Manager shall notify the subcontractor subcontractor, in writing writing, of its determination to withhold more than five percent (5%) % of the progress payments and the reasons for making that determination, and the Contractor Construction Manager may not request the release of such retained funds from the Owner. If there should remain items to be completed, the Contractor Construction Manager and Architect/-Engineer shall list those items required for completion and the Contractor Construction Manager shall require the retainage of a sum equal to one hundred fifty percent (150%) % of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor Construction Manager shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner.

Payments to Subcontractors. The Contractor shall promptly, within ten (10) calendar 10 days after receipt of payment from the Owner, pay all the amount due subcontractors and suppliers less a retainage of ten percent (10%) until the Project project is fifty percent (50%) complete After the project is fifty percent (50%) complete. After fifty percent (50%) completion of the Project, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than five 5 percent (5%). The specified specific amount to be withheld must be determined on a case by case- by-case basis and must be based on the Contractorcontractor’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the contractorContractor’s ability to rely on other safeguards. The Contractor shall notify the subcontractor subcontractor, in writing writing, of its determination to withhold more than five percent (5%) % of the progress payments and the reasons for making that determination, and the Contractor may not request the release of such retained funds from the Owner. If there should remain items to be completed, the Contractor and Architect/-Engineer shall list those items required for completion and the Contractor shall require the retainage of a sum equal to one hundred fifty percent (150%) % of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner.

Payments to Subcontractors. The Contractor shall pay promptly, within ten five (105) calendar business days after receipt of payment from the OwnerCity, pay all the amount amounts due subcontractors Subcontractors less a retainage of ten percent (10%) until of the amounts due under the Subcontract. At the Owner’s discretion, once a Project is fifty percent (50%) complete. After fifty , and based on Contractor's evaluation of the Subcontractor's acceptable performance, City may approve a reduction in Subcontractor retainage on future amounts earned from ten percent (5010%) completion of the Project, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than five percent (5%). The specified amount to be withheld must be determined on a case by case basis , providing for retainage of approximately seven and must be based on the Contractor’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the contractor’s ability to rely on other safeguards. The Contractor shall notify the subcontractor in writing of its determination to withhold more than five one-half percent (57-1/2%) at Substantial Completion. Once a Subcontractor claims to have fully and the reasons for making that determinationsatisfactorily completed its Work, and the Contractor may not request the release of such retained funds from the Owner. If there should remain items to be completed, the Contractor and Architect/Architect or Engineer shall inspect the Work and list those items required for completion completion. At that time and at City’s discretion, Contractor may release the Contractor shall require Retainage held for the retainage of a sum Subcontractor’s Work except for an amount equal to one two hundred fifty percent (150200%) of the estimated cost of completing or correcting any unfinished or non-conforming items, provided that said the unfinished or non-conforming items are listed separately and the estimated cost of completing any unfinished items likewise them are listed separately. Thereafter, the Contractor shall pay to the subcontractorsSubcontractor, monthly, the amount retained for each incomplete item after each of said items item is completed. Before issuance of final payment to the Subcontractor without any retainage, the subcontractor Subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project and the Subcontract have been paid or otherwise satisfied, warranty information is complete, as“As-built Built” markups have been submitted submitted, and instruction instructions for the OwnerCity's operating and maintenance personnel is complete. Final payment Payment may be made to certain select subcontractors a Subcontractor whose work Work is satisfactorily completed prior to the total completion of the Project Project’s Final Completion, but only upon approval City prior written approval. When requested by Contractor and approved by City, the requirement to withhold retainage on subcontractors may be waived. Contractor must maintain auditable records of all Subcontractor retainage activities and provide them to the OwnerCity upon request.