Subcontractor Payments. Subject to Agency’s prior approval, Agency will reimburse Outside Counsel for the actual, reasonable and necessary expenses relating to Outside Counsel’s use of subcontractors. Outside Counsel shall be responsible for any payments and other claims due to subcontractors for work performed under this OCC. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein (e.g., expert services, local counsel, and other services), expressly understands and agrees that Agency shall not be directly liable in any manner to Outside Counsel’s subcontractor(s).
Subcontractor Payments a. The Contractor shall, under this Contract, establish procedures to ensure timely payment of amounts due pursuant to the terms of its subcontracts. The Contractor shall pay each subcontractor for satisfactory performance of its contract, or any billable portion thereof, no later than ten (10) days from the date of the Contractor's receipt of payment from WMATA for work by that subcontractor. The Contractor shall also release, any retention withheld from the subcontractor within ten (10) days of satisfactory completion of all work required by that subcontractor.
b. The Contractor shall certify on each payment request to WMATA that payment has been or will be made to all subcontractors in accordance with paragraph (a) above. The Contractor shall notify the Contracting Officer with each payment request, of any situation where scheduled subcontractor payments have not been made.
c. In the event of a claim by any subcontractor that the Contractor has failed to comply with the terms of this clause, the Contractor agrees to fully cooperate in any Authority investigation, and, if deemed appropriate by WMATA, to implement appropriate remedial measures to ensure future compliance.
d. The Contractor agrees that the Contracting Officer may provide information that he or she deems appropriate in response to inquiries from subcontractors seeking to determine the status of WMATA's payments to the Contractor.
e. Nothing contained in this clause or elsewhere in this Contract shall create a Contractual relationship between WMATA and any subcontractor, shall make the subcontractor an intended beneficiary of this Contract or shall alter or affect traditional concepts of privity of contract.
Subcontractor Payments. In accordance with Minn. Stat. § 16A.1245, the Consultant shall pay to each subcontractor, within ten (10) calendar days of the Consultant’s receipt of payment from the State, the amount paid to the Consultant on account of the subcontractor’s work to the extent of the subcontractor’s interest therein. If the Consultant does not make said payment to any subcontractor within the specified time, the Consultant shall pay interest to the subcontractor in the amount of one and one-half percent per month, or any part of the month, on any undisputed amount not paid to the subcontractor within ten (10) calendar days of the Consultant’s receipt of payment from the State for any undisputed services provided by the subcontractor unless otherwise provided in Minn. Stat. § 16A.1245. To the extent a subcontractor provides for earlier or larger payments, the Consultant shall make payment to the subcontractor as provided for therein irrespective of the date or amount of any payment made by the State.
Subcontractor Payments. When a Vendor receives any payment from the Board pursuant to this Agreement, the Vendor must make payment to its subcontractors within 15 days after receipt of payment from the Board, provided that such subcontractor has satisfactorily provided the supplies, equipment, goods or services in accordance with the Agreement and provided the Vendor with all of the documents and information required of the Vendor. The Vendor may delay or postpone payment to a subcontractor when the subcontractor’s supplies, equipment, goods, or services do not comply with the requirements of the Agreement, the Vendor is acting in good faith, and not in retaliation for a subcontractor exercising legal or contractual rights. However, the Board may, whenever there is reason to believe that the Vendor has neglected or failed to pay any subcontractors, workmen, or employees for worked performed or for materials furnished and used in or about the work contracted for, order and direct that no future vouchers or estimates be issued and no further payments be made upon the Agreement until such subcontractors, workmen and employees have been fully paid. Whenever the Board shall notify the Vendor, in accordance with the notice requirements of the Agreement, that no further vouchers or estimates will be issued or payments made on the Agreement until subcontractors, workmen and employees have been paid and the subcontractor shall neglect or refuse for a period of ten (10) days after such notice is given, as above provided for, the Board may pay such subcontractors, workmen and employees applying moneys otherwise due to Vendor without other or further notice to said Vendor. Notwithstanding the above, failure by the Board to retain and apply such moneys, or to order or direct that no vouchers or estimates shall be issued or further payments be made shall not, nor shall the paying over of such sum without such subcontractors, workmen or employees being first paid, in any way affect the liability of the Vendor or of its sureties to the Board, or to any such subcontractors, workmen or employees upon any bond given in connection with such Agreement.
Subcontractor Payments. Outside Counsel shall be responsible for any payments and other claims due to subcontractors for work performed under this OCC. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein (e.g., expert services, local counsel, and other services) expressly understands and agrees that Agency shall not be directly liable in any manner to Outside Counsel’s subcontractor(s).
Subcontractor Payments. In accordance with 49 CFR Part 26.29, Contractor shall pay each subcontractor for satisfactory performance of its contract with the subcontractor no later than thirty (30) days from the receipt of each payment Contractor receives from PSTA. Contractor shall further return retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Contractor shall include as part of its contract or agreement with each subcontractor for work and material a “Prompt Payment Clause”. The Prompt Payment Clause shall require payment to all subcontractors, not only DBEs, for all labor and material for work completed within thirty (30) days of receipt of progress payments from PSTA for said work. The Prompt Payment Clause shall further stipulate the return of retainage within 30 days after the subcontractor achieves the specified work as verified by payment from PSTA.
Subcontractor Payments. Contractor shall pay its subcontractors for the Project not later than seven (7) days after receipt of each progress payment received in accordance with the provision in Section 7108.5 of the California Business and Professions Code. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor and its respective subcontractors to the penalties, sanctions, and other remedies of that section.
Subcontractor Payments. In the event Contractor has reason to believe that Subcontractor is not fulfilling its payment obligations, Contractor may take any steps reasonably necessary to ensure that all obligations of the Subcontractor relating to performance of the Work are properly made. Such steps may include, but are not limited to, the right to withhold out of subsequent payments to Subcontractor a reasonable amount to protect Contractor from any loss, or damage, including attorney’s fees, arising out of any lien, claim, security interest or encumbrance. Contractor may continue to pursue any such remedies until Subcontractor submits evidence satisfactory to Contractor that all previous amounts owed in connection with the performance of the Work have been paid.
Subcontractor Payments. The Contractor shall pay the subcontractor for satisfactory performance under the subcontract, out of amounts that are paid by the City to the Contractor, within 10 days of the Contractor’s receipt of such payments from the City. If the Contractor, or a first tier subcontractor, fails to make timely payment to the subcontractor then the Contractor or first tier subcontractor shall owe the person the amount due plus an interest penalty beginning on the day after the required payment date and ending on the date on which payment is made, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the Contractor or first tier subcontractor on the amount due shall equal three times the discount rate on 90 day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District that includes Oregon on the date that is 30 days after the date when the payment was received from the Contractor, a first tier subcontractor or City, but the rate of interest shall not exceed thirty percent (30%). The amount of interest may not be waived. The subcontractor must provide in all contracts with lower tier subcontractors or suppliers a clause requiring that the subcontractor shall pay the lower tier subcontractors and suppliers in accordance with the provisions of the immediately preceding two paragraphs above. Pursuant to ORS 279C.515(C), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this Contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the public contract as the claim becomes due, the proper officer or officers representing the City, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract. First tier subcontractors shall file certified payroll statements with the Contractor. Failure to do so shall result in the Contractor withholding 25% of amounts due the first tier subcontractor.
Subcontractor Payments. Contractor shall pay all Subcontractors in accordance with the requirements of the applicable subcontracts, provided that in all cases, Contractor shall pay Subcontractors within thirty (30) days after Subcontractor has completed its work on the Project. On a no less than monthly basis, Contractor shall provide Owner with all reasonably requested documentation to evidence its compliance with the preceding sentence.
