Common use of Progress Payments; Retainage Clause in Contracts

Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: A. 95% of Work completed (with the balance being retained). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

Appears in 3 contracts

Samples: Construction Contract, Contract Agreement, Construction Contract

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Progress Payments; Retainage. A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's ’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: A. a. 95% of Work completed (with the balance being retainedretainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

Appears in 1 contract

Samples: Construction Agreement

Progress Payments; Retainage. OWNER A. Owner shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Contractor’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in paragraph Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER Engineer may determine or OWNER Owner may withhold, including but not limited to liquidated damages, in accordance with paragraph Paragraph 14.02 of the General Conditions: A. 95% . a. 95 percent of Work completed (with the balance being retainedretainage). If the Work has been 50% 50 percent completed as determined by ENGINEEREngineer, and if the character and progress of the Work have been satisfactory to OWNER Owner and ENGINEEREngineer, OWNER, on recommendation of ENGINEER, may determine that then as long as the character and progress of the Work remain satisfactory to themOwner and Engineer, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously madeadditional retainage; and

Appears in 1 contract

Samples: Construction Contract

Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 5.02(1)(A) and 6.02.A.2 below5.02(1)(B). All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirementsindicated: 1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER OWNER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditionsfollowing: A. 95% of Work completed (with the balance being retained). If the Work has been 50% completed as determined by ENGINEERthe OWNER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEERsatisfactory, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

Appears in 1 contract

Samples: Contract Agreement

Progress Payments; Retainage. OWNER A. Owner shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Contractor’s Applications for Payment on or about the 15th day of once each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in paragraph Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER Engineer may determine or OWNER Owner may withhold, including but not limited to liquidated damages, in accordance with paragraph Paragraph 14.02 of the General Conditions: A. 95% . a. Ninety (90) percent of Work completed (with the balance being retainedretainage). If the Work has been 50% 50 percent completed as determined by ENGINEEREngineer, and if the character and progress of the Work have been satisfactory to OWNER Owner and ENGINEEREngineer, OWNER, on recommendation of ENGINEER, may determine that then as long as the character and progress of the Work remain satisfactory to themOwner and Engineer, there will be no retainage on account additional retainage; and b. Ninety (90) percent of cost of materials and equipment not incorporated in the Work subsequently completed(with the balance being retainage). B. Upon Substantial Completion, in which case the remaining progress payments prior to Substantial Completion will be in Owner shall pay an amount equal sufficient to 100% increase total payments to Contractor to (97.5) percent of the Work completed completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the aggregate of payments previously made; andGeneral Conditions.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

Progress Payments; Retainage. A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's ’s Applications for Payment on or about the 15th 1st day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER ENGINEER/[Construction Manager] (LD 1-4-06, MP, EDD 1-27-06) may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: A. 95: a. 90% of Work completed (with the balance being retainedretainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

Appears in 1 contract

Samples: Standard Form of Agreement (Blue Ridge Real Estate Co)

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Progress Payments; Retainage. OWNER A. Owner shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Contractor’s Applications for Payment on or about the 15th 25th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in paragraph Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER Engineer may determine or OWNER Owner may withhold, including but not limited to liquidated damages, in accordance with paragraph Paragraph 14.02 of the General Conditions: A. 95% . a. 90 percent of Work completed (with the balance being retainedretainage). If the Work has been 50% 50 percent completed as determined by ENGINEEREngineer, and if the character and progress of the Work have been satisfactory to OWNER Owner and ENGINEEREngineer, OWNER, on recommendation of ENGINEER, may determine that then as long as the character and progress of the Work remain satisfactory to themOwner and Engineer, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously madeadditional retainage; and

Appears in 1 contract

Samples: Construction Contract

Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the General RequirementsContract Documents: 1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER PROJECT MANAGER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: A. 95% of Work completed (with the balance being retained). If the Work has been 50% completed as determined by ENGINEERPROJECT MANAGER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEERPROJECT MANAGER, OWNER, on recommendation of ENGINEERPROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

Appears in 1 contract

Samples: Construction Contract

Progress Payments; Retainage. OWNER A. Owner shall make progress payments on account of the Contract Price on the basis of CONTRACTORContractor's Applications for Payment on or about the 15th day of once each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in paragraph Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER Engineer may determine or OWNER Owner may withhold, including but not limited to liquidated damages, in accordance with paragraph Paragraph 14.02 of the General Conditions: A. 95% . a. Ninety (90) percent of Work completed (with the balance being retainedretainage). If the Work has been 50% 50 percent completed as determined by ENGINEEREngineer, and if the character and progress of the Work have been satisfactory to OWNER Owner and ENGINEEREngineer, OWNER, on recommendation of ENGINEER, may determine that then as long as the character and progress of the Work remain satisfactory to themOwner and Engineer, there will be no retainage on account additional retainage; and b. Ninety (90) percent of cost of materials and equipment not incorporated in the Work subsequently completed(with the balance being retainage). B. Upon Substantial Completion, in which case the remaining progress payments prior to Substantial Completion will be in Owner shall pay an amount equal sufficient to 100% increase total payments to Contractor to (97.5) percent of the Work completed completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the aggregate of payments previously made; andGeneral Conditions.

Appears in 1 contract

Samples: Standard Agreement

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