Common use of Prompt Pay Requirements Clause in Contracts

Prompt Pay Requirements. 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 32.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 32.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 32.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the Department. 31.4 32.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 30.1 If the Contractor a contractor withholds payment of an undisputed amount to its subcontractor, the DepartmentAgency, at its option and in its sole discretion, may take one or more of the following actions: a. 30.1.1 Not process further payments to the contractor until payment to the subcontractor is verified; b. 30.1.1 Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. 30.1.2 Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. 30.1.3 Place a payment for an undisputed amount in an interest-bearing escrow account; or e. 30.1.4 Take other or further actions as appropriate to resolve the withheld payment. 31.2 30.2 An “undisputed amount” means an amount owed by the Contractor a contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage include (a) retainage which had been withheld and is, by the terms of the agreement between the Contractor contractor and subcontractor, due to be distributed to the subcontractor; and b. An subcontractor and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 30.3 An act, failure to act, or decision of a Procurement Officer procurement officer or a representative of the DepartmentAgency, concerning a withheld payment between the Contractor a contractor and a subcontractor under this provisionpolicy directive, may not: a. 30.3.1 Affect the rights of the contracting parties under any other provision of law; b. 30.3.2 Be used as evidence on the merits of a dispute between the Department Agency and the contractor in any other proceeding; or c. 30.3.3 Result in liability against or prejudice the rights of the DepartmentAgency. 31.4 30.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 33.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 33.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 33.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the Department. 31.4 33.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 30.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the DepartmentMHBE, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 30.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 30.3 An act, failure to act, or decision of a Procurement Officer or a representative of the DepartmentMHBE, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department MHBE and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the DepartmentMHBE. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 30.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 30.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 30.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the Department. 31.4 30.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 32.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 32.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement Contract between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement a Contract or occurrence unrelated to the agreement Contract under which the amount is withheld. 31.3 32.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against or prejudice the rights of the Department. 31.4 32.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Pay Requirements. 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. Not process further payments to the contractor until payment to the subcontractor is verified; b. Suspend all or some of the contract work without affecting the completion date(s) for the contract work; c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d. Place a payment for an undisputed amount in an interest-bearing escrow account; or e. Take other or further actions as appropriate to resolve the withheld payment. 31.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: a. Retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and b. An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. Affect the rights of the contracting parties under any other provision of law; b. Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or c. Result in liability against against, or prejudice the rights of of, the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.