PAYMENTS TO THE CONTRACTOR. § 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner.
§ 14.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law.
§ 14.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
PAYMENTS TO THE CONTRACTOR. A7.1 Payments shall be based on approved CONTRACTOR's invoices submitted in accordance with this article and the provisions of Appendix C. The sum of payments shall not exceed allowable compensation stated in Notice(s) to Proceed and no payments shall be made in excess of the maximum allowable total for this Agreement.
A7.2 The CONTRACTING AGENCY will exert every effort to obtain required Funding Agency approvals and to issue authorizations in a timely manner. CONTRACTOR shall not perform any services without a Notice to Proceed. Accordingly, the CONTRACTING AGENCY will not pay the CONTRACTOR for services or associated reimbursable costs performed outside those which are authorized by a Notice to Proceed. A7.3 CONTRACTOR's invoices shall be submitted when services are completed or monthly, for months during which services are performed, as applicable, in a format provided by or acceptable to the CONTRACTING AGENCY.
PAYMENTS TO THE CONTRACTOR. No inspection by the Owner or the Owner’s Representative nor any certificate for payment by the Owner’s Representative or any approval given by the Owner or payment by the Owner to the Contractor under this Agreement, nor partial or entire acceptance or use or occupancy of the Works by the Owner or any part thereof by the Owner or any other person shall constitute acceptance by the Owner of Works not in conformance with the Agreement or a waiver by the Owner of any claims against the Contractor or any defects or deficiencies in the Works. Irrespective of any terminology or expressions used herein and/or in letters and communications exchanged by the Parties, any all money transfers effected by the Owner in favor of the Contractor prior to final payment shall be regarded as mere advance credit disbursements made “on account” (semplici acconti) for the purposes of article 1,666 of the Italian Civil Code.
PAYMENTS TO THE CONTRACTOR. 4.1 The compensation due to the CONTRACTOR shall be paid in the amounts, and in the manner, set forth on Exhibit C, attached hereto.
4.2 The CONTRACTOR will bill the TOWN at the completion of the work unless otherwise provided on Exhibit C, with one or more invoices broken down to show the quantity of work performed and the percentage of the entire project completed, categories and amount of reimbursable expenses (if any), and provide such supporting data as may be required by the TOWN.
4.3 The TOWN will pay the CONTRACTOR upon review and approval of such invoices by the TOWN or its designee.
4.4 This engagement may be subject to budgetary restrictions which may limit the total amount of funds available for the Work. Accordingly, unless otherwise stated on Exhibit C, the TOWN will not be obligated to pay any amount in excess of the maximum project amount without the express written approval of the TOWN.
4.5 The CONTRACTOR and its sub-contractors shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the CONTRACTOR in the preparation of the documents, as reasonably determined by the TOWN.
PAYMENTS TO THE CONTRACTOR. 10.1 Payments shall be made by the Owner to the Contractor according to the following procedure:
10.1.1 With acceptance and signing of this Contract, a down payment of five million four hundred fifty thousand dollars ($5,450,000), less the one million five hundred thousand dollars ($1,500,000), is required. As a percentage of the work is billed, a like percentage of the down-payment will be credited to each billing.
10.1.2 Once work has commenced, applications for monthly payments (including approved change orders) shall be invoiced and submitted to the Owner by the Contractor on or before the tenth (10th) calendar day of the month following the month for which the work has been completed (previous month). The Owner shall pay the invoice by the fifteenth (15th) calendar day of the month application is made via electronic transfer to the Contractor’s designated bank account. Should the Owner dispute any portion of the application, they should advise the Contractor in writing or by electronic message no later than the fifteenth (15th) date of the calendar month application is made. The Owner shall pay all undisputed amounts on the fifteenth (15th) if the month as described herein. Delinquent payments (thirty days past due date) shall bear interest at the rate of one and one-half percent (1-1/2%) per month, retroactive to the due date. The Owner may retain a sum equal to 5% of each payment due to the Contractor exclusive of down payment amounts.
10.2 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether incorporated in the Project or not, will pass to the Owner upon receipt of such payment by the Contractor free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as Liens.
10.3 No Progress Payment nor any partial or entire use of occupancy of the Project by the Owner shall constitute an acceptance of any Work not in accordance with the Drawings and Specifications.
10.4 Payment of fifty percent (50%) of the unpaid balance of the Project, including fifty percent (50%) of unpaid retention, shall be due and payable when the Project achieves Operational Completion or when the Owner occupies the Project, whichever event first occurs, provided that the Project be then Operationally completed and this Agreement substantially performed. If there should remain minor items to be completed, the Contractor and the Owner shall list such items and the Contra...
PAYMENTS TO THE CONTRACTOR. A. The contractor shall render an invoice to the owner upon the satisfactory completion of the work or monthly, if appropriate.
B. If monthly billing is used, at the end of each calendar month, the contractor shall render an invoice in triplicate to the owner for work done during the month, unless otherwise specified in the Detailed Specifications.
C. All invoices must be sent either to xxxxxxxxxxxxx-xxxxxxx_xxx@xxxxxxxx.xxx or in triplicate to Accounts Payable at: Attn: Accounts Payable Springfield Hospital Center 0000 Xxxxxxxxxx Xxxx Sykesville, MD 21784
D. All invoices must be on the contractor’s letterhead, must be signed and dated, and must include the following:
a. The contractor’s name and mailing address
b. The contractor’s Federal Tax Identification or Social Security Number
c. The State assigned Contract Control Number
d. The State assigned blanket purchase order number
e. The goods and services provided
f. The time period covered by the invoice
g. The amount of requested payment, and
h. Documentation to support invoice requested amount
PAYMENTS TO THE CONTRACTOR. Asphalt quantities shall be determined and paid for by the tonne and milling by the metre. The Contractor shall use weigh scales tested and certified in accordance with the current regulations and acts of the Government of Canada and shall supply a weighman and weigh tickets. One copy of the weigh tickets will become the property of the Owners. Payment will be made at the unit rates tendered for the actual quantity used, excluding wastage and shall be full compensation for loading, hauling, and placing.
PAYMENTS TO THE CONTRACTOR. (a) The amount of US$1,794,410.85 (One Million Seven Hundred Ninety Four Thousand Four Hundred Ten Dollars 85/100), of the total Contract Sum, legal currency of United States of America, plus the applicable Value Added Tax, constitutes the down payment, is paid by OWNER to CONTRACTOR on the date of execution hereof. Delivery of the down payment herein referred to will be subject to the condition precedent of CONTRACTOR delivering to OWNER the following documents: (i) Exhibit “B” (the CPM schedule); (ii) the list of items in which the initial payment must be spent, Exhibit “F”; and (iii) an invoice for the initial payment amount plus the applicable Value Added Tax.
(b) Except as provided in Clause 25 Bis hereof, progress payments by the OWNER to the CONTRACTOR will be made on a monthly basis, and shall be proportionate to the degree of completion of the Work in accordance to the CPM. The making of monthly progress payments by the OWNER to the CONTRACTOR will be predicated upon the CONTRACTOR adhering to the CPM, which is part of Exhibit “B” approved by the OWNER. If the CONTRACTOR is falling behind the schedule on the performance of the Work, , due to its fault or negligence, the OWNER may retain the portion of the corresponding progress payments, which is proportional to the uncompleted Work until such time as the CONTRACTOR actually performs the portion or the parts of the Work so scheduled. In any event, payments to the CONTRACTOR shall be made based on the value of Work completed to date, including materials ordered and stored in a bonded warehouse or storage facility, in accordance with the itemized values contemplated in the breakdown in Exhibit “B” hereto, and as verified by OWNER’S REPRESENTATIVE and Construction Manager. CONTRACTOR shall submit application for any partial payment to the OWNER on the 25th day of each month. The OWNER and its representative shall review if the Work has been completed pursuant to the CPM. The CONTRACTOR shall submit to the OWNER or Construction Manager an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be supported by such data substantiating the CONTRACTOR’S right to payment as the OWNER or Construction Manager may require, such as copies of requisitions from Subcontractors and material suppliers. The OWNER, through its representative on site, shall check the application for partial payment and, not later than three (3) Days after receipt of ...
PAYMENTS TO THE CONTRACTOR. 7.1 Interim payments will be made on a monthly basis with a final payment following completion of the Works in accordance with the provisions below.
7.2 After the end of one month from the commencement of the Works and thereafter at one month intervals the Contractor shall submit an invoice to the Customer.
7.3 The amount invoiced must fairly reflect the work that has been carried out. The invoice must specify the work that has been done and the goods and materials used.
7.4 The Contractor must not submit invoices that in aggregate account for more than 95% of the price until the date 3 months after practical completion of the Works or (if later) one month after any defects notified to the Contractor under clause 1.4 have been rectified (the “Final Payment Date”).
7.5 After the Final Payment Date the Contractor shall submit an invoice to the Customer for the remaining 5% of the price.
7.6 The Customer shall pay the sums specified in the invoices within 14 days of receipt of the invoices.
7.7 All payments made under this Agreement are expressed inclusive of any Value Added Tax chargeable thereon.
7.8 If the Customer has not settled an invoice by the due date the Customer shall pay the Contractor interest on the amount due at the rate of 5% per annum above the base rate for the time being of Barclays Bank Plc from the due date until the payment is received.
7.9 No further payment will be made to the Contractor for the Works over and above the consideration referred in Clause 2 and without limitation no payment will be made to the Contractor in respect of any goods, materials or other expenses incurred by the Contractor in carrying out such Works unless agreed in writing in advance.
PAYMENTS TO THE CONTRACTOR. Within thirty (30) days after receipt from the Contractor of a proper and satisfactory periodic estimate requesting payment of the amount due for the preceding month, the Owner shall have thirty (30) days to make payment for:
A. The work performed during the preceding month.
B. The materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title, or to which a Subcontractor has title and has authorized the Contractor to transfer title to the Owner.
C. Less the following retention items:
1. A retention based on an estimate of the fair value of the Owner's claims against the Contractor.
2. A retention for direct payments to Subcontractors, if any, based on demands for same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws.
3. A retention not exceeding five percent (5%) of the approved amount of the periodic payment.
D. After the receipt of a periodic estimate requesting final payment and within sixty-five (65) days after the Contractor fully completes the Work, or substantially completes the Work so that the value of the Work remaining to be done is, on the estimate of the Owner, less than 1% of the original Contract Price, or substantially completes the Work and the Owner takes possession or occupancy, whichever occurs first, the Owner shall pay the Contractor the entire balance due on the Contract less:
1. A retention based on an estimate of the fair value of the Owner's claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of work.
2. A retention for direct payments to Subcontractors, if any, based on demands of same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws, or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Section 39F of Chapter 30 of the General Laws. The Owner may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, and such changes and any requirements for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as pr...
