Common use of Prompt Payment of Subcontractors Clause in Contracts

Prompt Payment of Subcontractors. ‌ 4.3.1 If the Consultant withholds payment of an undisputed amount to its subcontractor, MSA, at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Consultant 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. 4.3.2 An "undisputed amount" means an amount owed by the Consultant 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 Consultant 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. 4.3.3 An act, failure to act, or decision of a Procurement Officer or a representative of MSA, concerning a withheld payment between the Consultant 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 MSA and the contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of MSA. 4.3.4 The remedies enumerated above are in addition to those provided under COMAR

Prompt Payment of Subcontractors. ‌ 4.3.1 4.2.1 If the Consultant withholds payment of an undisputed amount to its subcontractorsubconsultant, MSAthe 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 Consultant 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 subconsultant 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. 4.3.2 4.2.2 An "undisputed amount" means an amount owed by the Consultant 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 Consultant and subcontractorsubconsultant, due to be distributed to the subcontractorsubconsultant; 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. 4.3.3 4.2.3 An act, failure to act, or decision of a Procurement Officer or a representative of MSA, concerning a withheld payment between the Consultant and a subcontractor subconsultant 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 MSA and the contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of MSAthe Department. 4.3.4 4.2.4 The remedies enumerated above are in addition to those provided under COMARCOMAR 21. 11.

Prompt Payment of Subcontractors. ‌ 4.3.1 4.2.1 If the Consultant Contractor withholds payment of an undisputed amount to its subcontractor, MSAthe 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 Consultant 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. 4.3.2 4.2.2 An "undisputed amount" means an amount owed by the Consultant 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 Consultant 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. 4.3.3 4.2.3 An act, failure to act, or decision of a Procurement Officer or a representative of MSA, concerning a withheld payment between the Consultant 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 MSA and the contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of MSAthe MSA and/or State. 4.3.4 The remedies enumerated above are in addition to those provided under COMAR

Prompt Payment of Subcontractors. ‌ 4.3.1 4.2.1 If the Consultant Contractor withholds payment of an undisputed amount to its subcontractor, MSA, at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Consultant 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. 4.3.2 4.2.2 An "undisputed amount" means an amount owed by the Consultant 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 Consultant 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. 4.3.3 4.2.3 An act, failure to act, or decision of a Procurement Officer or a representative of MSA, concerning a withheld payment between the Consultant 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 MSA and the contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of MSA. 4.3.4 The remedies enumerated above are in addition to those provided under COMAR

Prompt Payment of Subcontractors. ‌ 4.3.1 4.2.1 If the Consultant Contractor withholds payment of an undisputed amount to its subcontractor, the MSA, at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Consultant 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. 4.3.2 4.2.2 An "undisputed amount" means an amount owed by the Consultant 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 Consultant 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. 4.3.3 4.2.3 An act, failure to act, or decision of a Procurement Officer or a representative of the MSA, concerning a withheld payment between the Consultant 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 MSA and the contractor Contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of the MSA. 4.3.4 The remedies enumerated above are in addition to those provided under COMAR