Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.” District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written st...
Subcontractor Claims. The Contractor shall promptly pay (and secure the discharge of any liens or claims asserted by) all persons properly furnishing labor, equipment, materials or other items in connection with the performance of the Work (including, but not limited, to any Subcontractors). The Contractor shall furnish to the Owner such releases of claims, payment, bond and surety claims, and other documents as required by Section 9.3 and as the Owner may request to evidence such payment and discharge. The Owner, at its option, may withhold payment, in whole or in part, to the Contractor until such documents are furnished.
Subcontractor Claims. Subcontractor Claims are subject to Section 9204 procedures, as modified herein. The District’s review of Subcontractor Claims is expressly subject to the Contractor’s submittal of a duly completed and executed form of Contractor Certification of Subcontractor Claim certifying that the Contractor has thoroughly reviewed the Subcontractor Claim and based on the Contractor’s review, certify that: (i) the Subcontractor Claim is made by the Subcontractor in good faith; (ii) the Subcontractor Claim is supported by reasonable documentation establishing entitlement to the relief requested and District liability therefor; and (iii) the Subcontractor Claim does not incorporate any request constituting a False Claim under applicable law, including the California False Claim Act (Government Code §12650 et seq.). .
Subcontractor Claims. 1. The Design-Builder must pay all lawful claims made against it by its Subcontractors and all lawful claims made against Design-Builder by other third persons arising out of, in connection with, or because of its performance of this Contract. The Design-Builder further will cause all of its Subcontractors to pay all lawful claims made against them. In the even such lawful claims are not satisfied, the Commission is hereby empowered to disburse such sums for and on account of the Design-Builder directly to the respective parties to which such sums are due and owed.
Subcontractor Claims. Receipt of information that Contractors -------------------- or other persons entitled to do so have filed, or have threatened to file, mechanics' liens or stop notice claims due to ZCC III's failure to make payments when due to such Contractors or persons.
Subcontractor Claims. ESCO shall pay or cause to be paid all Subcontractors all amounts due in accordance with their respective Subcontracts. No Subcontractor shall have any right against the School District for labor, services, materials or equipment furnished for the School District.
Subcontractor Claims. If Subcontractor asserts a claim which involves, in whole or in part, acts or omissions which are the responsibility of a Client or another person for whom a claim may be submitted, including but not limited to, claims for failure to pay, an extension of time, impacts, delay damages, or extra work, Pavion will present Subcontractor’s claim to the applicable Client or other responsible party provided that Subcontractor presents to Pavion competent supporting evidence and in sufficient time for Pavion to do so. Subcontractor will cooperate fully with Pavion in any and all steps Pavion takes in connection with prosecuting such a claim and will hold harmless and reimburse Pavion for all expenses, including legal expenses, incurred by Pavion which arise out of Pavion’s submission of Subcontractor’s claims to the applicable Client or other responsible party(ies). Subcontractor will be bound by any adjudication or award in any action or proceeding resolving such a claim.
Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Owner’s Project Manager within ten
Subcontractor Claims. The procedures and mechanisms related to the resolution of Subcontractor Claims shall be established in the agreement between the CMGC and Subcontractor with certainty, including the CMGC’s roles and responsibilities in this process and whether the CMGC's subcontracting records are considered to be public records.
Subcontractor Claims. 5.01 Contractor shall require each Subcontractor, sub-Subcontractor and supplier to comply with the claims procedure set forth in this exhibit to provide Contractor with timely notice and documentation of all claims. Contractor shall present as its claims, all Subcontractor, sub-Subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. City shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project.
