Common use of Pursuant to VA Clause in Contracts

Pursuant to VA. CODE §2.2-4354, Design-Builder agrees that, within seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, Design- Builder shall either: (a) pay the Subcontractor for the proportionate share of the total payment received from the Department attributable to the work performed by the Subcontractor; or (b) notify the Department and Subcontractor, in writing, of Design-Builder’s intention to withhold all or a part of the Subcontractor’s payment, specifying the reason for the non-payment. Design-Builder also agrees that it shall include in all of its subcontracts a provision that: (a) obligates Design-Builder to pay interest to Subcontractors on all amounts owed by Design-Builder that remain unpaid after seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, except for amounts withheld as allowed in the preceding sentence; (b) states, “Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”; and (c) obligates each Subcontractor to include or otherwise be subject to the same payment and interest requirements as specified in this Section 7.1.3 with respect to each lower-tier Sub-subcontractor.

Appears in 4 contracts

Samples: cdn.cocodoc.com, www.virginiadot.org, virginiadot.org

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Pursuant to VA. CODE §2.2-4354, Design-Builder agrees that, within seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, Design- Design-Builder shall either: (a) pay the Subcontractor for the proportionate share of the total payment received from the Department attributable to the work performed by the Subcontractor; or (b) notify the Department and Subcontractor, in writing, of Design-Builder’s intention to withhold all or a part of the Subcontractor’s payment, specifying the reason for the non-payment. Design-Builder also agrees that it shall include in all of its subcontracts a provision that: (a) obligates Design-Builder to pay interest to Subcontractors on all amounts owed by Design-Builder that remain unpaid after seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, except for amounts withheld as allowed in the preceding sentence; (b) states, “Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”; and (c) obligates each Subcontractor to include or otherwise be subject to the same payment and interest requirements as specified in this Section 7.1.3 with respect to each lower-tier Sub-subcontractor.

Appears in 2 contracts

Samples: Agreement, Agreement

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Pursuant to VA. CODE §2.2-4354, Design-Builder agrees that, within seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, Design- Design-Builder shall either: (a) pay the Subcontractor for the proportionate share of the total payment received from the Department attributable to the work performed by the Subcontractor; or (b) notify the Department and Subcontractor, in writing, of Design-Builder’s intention to withhold all or a part of the Subcontractor’s payment, specifying the reason for the non-payment. Design-Builder also agrees that it shall include in all of its subcontracts a provision that: (a) obligates Design-Builder to pay interest to Subcontractors on all amounts owed by Design-Design- Builder that remain unpaid after seven (7) days following receipt of monies from the Department for work performed by any Subcontractor, except for amounts withheld as allowed in the preceding sentence; (b) states, “Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”; and (c) obligates each Subcontractor to include or otherwise be subject to the same payment and interest requirements as specified in this Section 7.1.3 with respect to each lower-tier Sub-subcontractor.

Appears in 1 contract

Samples: www.vdot.virginia.gov

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