Stage Payment for Works. 19.5.1 Within 7 (seven) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, the Employer’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment against the Stage Payment Statement, pending issue of the Interim Payment Certificate by the Employer’s Engineer. Within 7 (seven) days of the receipt of recommendation of the Employer’s Engineer, the Employer shall make electronic payment directly to the Contractor’s bank account. 19.5.2 Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, the Employer’s Engineer shall determine and shall deliver to the Employer and the Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting the payments already released to the Contractor against the said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons therefor. 19.5.3 In cases where there is a difference of opinion as to the value of any stage, the Employer’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a Dispute. 19.5.4 The Employer’s Engineer may, for reasons to be recorded, withhold from payment: (a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and the Employer’s Engineer had notified the Contractor; and (b) the estimated cost of rectification of work done being not in accordance with this Agreement. 19.5.5 Payment by the Employer shall not be deemed to indicate the Employer's acceptance, approval, consent or satisfaction with the work done.
Appears in 2 contracts
Samples: Epc Agreement, Contract Agreement for Design and Construction
Stage Payment for Works. 19.5.1 (i) Within 7 10 (seventen) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, the EmployerAuthority’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment against the Stage Payment Statement, amountsodeterminedaspartpaymentagainsttheStagePaymentStatement,pending issue of the Interim Payment Certificate by the EmployerAuthority’s Engineer. Within 7 10 (seventen) days of the receipt of recommendation of the EmployerAuthority’s Engineer, the Employer Authority shall make electronic payment directly to the Contractor’s bank accountbankaccount.
19.5.2 (ii) Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, the EmployerAuthority’s Engineer shall determine and shall deliver to the Employer Authority and the Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting the payments already released to the Contractor against the said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons thereforreasonstherefor.
19.5.3 (iii) In cases where there is a difference of opinion as to the value of any stage, the EmployerAuthority’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a DisputeaDispute.
19.5.4 (iv) The EmployerAuthority’s Engineer may, for reasons to be recorded, withhold from paymentfrompayment:
(a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and the EmployerAuthority’s Engineer had notified the Contractor; andContractor;and
(b) the The estimated cost of rectification of work done being not in accordance with this AgreementthisAgreement.
19.5.5 (v) Payment by the Employer Authority shall not be deemed to indicate the EmployerAuthority's acceptance, approval, consent or satisfaction with the work doneworkdone.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Stage Payment for Works. 19.5.1 (i) Within 7 10 (seventen) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, the EmployerAuthority’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment against the Stage Payment Statement, pending issue of the Interim Payment Certificate by the EmployerAuthority’s Engineer. Within 7 10 (seventen) days of the receipt of recommendation of the EmployerAuthority’s Engineer, the Employer Authority shall make electronic payment directly to the Contractor’s bank account.
19.5.2 (ii) Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, the EmployerAuthority’s Engineer shall determine and shall deliver to the Employer Authority and the Contractor an IPC certifying the amount due and payable to the Contractor, after af- ter adjusting the payments already released to the Contractor against the said statementstate- ment. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons therefor.
19.5.3 (iii) In cases where there is a difference of opinion as to the value of any stage, the EmployerAuthori- xx’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a Dispute.
19.5.4 (iv) The EmployerAuthority’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform per- form in accordance with this Agreement and the EmployerAuthority’s Engineer had notified noti- fied the Contractor; and
(b) the estimated cost of rectification of work done being not in accordance with this Agreement.
19.5.5 (v) Payment by the Employer Authority shall not be deemed to indicate the EmployerAuthority's acceptance, approval, consent or satisfaction with the work done.
(vi) Goods & Services Tax (GST) shall be paid to the Contractor along with the stage pay- ment at prevailing rate, however, the Contractor has to submit the proof of deposited GST against their work to the Govt. at the time of submitting next stage payment re- quest failing which the earlier paid GST will be deducted.
Appears in 1 contract
Samples: Construction Contract
Stage Payment for Works.
19.5.1 Within 7 (seven) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, the Employer’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment against the Stage Payment Statement, pending issue of the Interim Payment Certificate by the Employer’s Engineer. Within 7 (seven) days of the receipt of recommendation of the Employer’s Engineer, the Employer shall make electronic payment directly to the Contractor’s bank account.
19.5.2 Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, the Employer’s Engineer shall determine and shall deliver to the Employer and the Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting the payments already released to the Contractor against the said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons therefor.
19.5.3 In cases where there is a difference of opinion as to the value of any stage, the Employer’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a Dispute.
19.5.4 The Employer’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and the Employer’s Engineer had notified the Contractor; and
(b) the estimated cost of rectification of work done being not in accordance with this Agreement.
19.5.5 Payment by the Employer shall not be deemed to indicate the Employer's acceptance, approval, consent or satisfaction with the work done.
Appears in 1 contract
Samples: Demonstration Agreement
Stage Payment for Works. 19.5.1 17.5.1 Within 7 10 (seventen) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.417.4, the EmployerSPV’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 80 (ninetyeighty) percent of the amount so determined as part payment against the Stage Payment Statement, pending issue of the Interim Payment Certificate (IPC) by the EmployerSPV’s EngineerEngineer . Within 7 5 (sevenfive) days of the receipt of recommendation of the EmployerSPV’s EngineerEngineer as above, the Employer SPV shall make electronic payment directly to the Contractor’s bank account.
19.5.2 17.5.2 Within 15 20 (fifteentwenty) days of the receipt of the Stage Payment Statement referred to in Clause 19.417.4, the EmployerSPV’s Engineer shall determine and shall deliver to the Employer SPV and the Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting the payments already released to the Contractor against the said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons therefor.
19.5.3 17.5.3 In cases where there is a difference of opinion as to the value of any stage, the Employeropinion of the SPV’s Engineer’s view Engineer shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a Dispute.
19.5.4 17.5.4 The EmployerSPV’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and in respect of which the EmployerSPV’s Engineer had notified the Contractor; and
(b) the estimated cost of rectification of work done being any Works which have not been constructed in accordance with this Agreement.
19.5.5 17.5.5 Payment by the Employer SPV shall not be deemed to indicate the Employer's SPV acceptance, approval, consent or satisfaction with the work done.
17.5.6 In the event the amounts released by the SPV under Clause 17.5.1 exceed the amount finally determined by the SPV’s Engineer pursuant to Clauses 17.5.2 to 17.5.4, the difference thereof shall be accounted for in the next IPC.
Appears in 1 contract
Samples: Epc Agreement
Stage Payment for Works. 19.5.1 (i) Within 7 10 (seventen) days of receipt of the Stage Payment Statement from the Contractor pursuant Contractorpursuant to Clause 19.4, the EmployerAuthority’s Engineer shall broadly determine the amount due to the Contractor and recommend the release of 90 (ninety90(ninety) percent of the amount so determined as part payment against the Stage Payment Statement, pending issue of the Interim Payment Certificate by the EmployerAuthority’s Engineer. Within 7 10 (seven) days ten)days of the receipt of recommendation of the EmployerAuthority’s Engineer, the Employer Authority shall make electronic payment directly to the Contractor’s bank account.
19.5.2 (ii) Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4Clause19.4, the EmployerAuthority’s Engineer shall determine and shall deliver to the Employer Authority and the Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting the payments already released to the Contractor against the said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have been deducted from the Stage Payment Statement and the reasons therefortherefore.
19.5.3 (iii) In cases where there is a difference of opinion as to the value of any stage, the EmployerAuthority’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right Contractor’sright to raise a Dispute.
19.5.4 (iv) The EmployerAuthority’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and the EmployerAuthority’s Engineer had notified the Contractor; and
(b) the estimated cost of rectification of work done being not in accordance with this Agreement.
19.5.5 (v) Payment by the Employer Authority shall not be deemed to indicate the EmployerAuthority's acceptance, approval, consent or consentor satisfaction with the work done.
(vi) Deleted.
Appears in 1 contract
Samples: Construction Contract