Common use of Time for Submitting and Reviewing Applications for Payment Clause in Contracts

Time for Submitting and Reviewing Applications for Payment. D-BE shall submit each application for payment to County for its review on the last business day of the month for which it is seeking payment. County will review the application for payment as soon as practicable and, no later than 7 days after receiving it or as provided by Public Contract Code Section 20104.50, will return to D-BE any application for payment that County determines is not a proper application for payment suitable for payment along with a written explanation of the reasons why the application for payment is not proper. The grounds on which the County may conclude the application for payment is not proper and not suitable for payment include, but are not limited, to: (i) the application is missing documents required under the preceding Section "Form and Contents of Applications for Payment"; (ii) the application does not accurately reflect the progress of the work; (iii) the quality of the work is not in conformance with the requirements of the Contract Documents; (iv) D-BE has failed to remedy defective work; (v) there are third party claims filed against County arising out of D-BE's work; (vi) D-BE has failed to make payments properly to subcontractors and suppliers; (vii) D-BE has damaged County's property or the work by or property of County's separate D-BEs; (viii) D-BE has repeatedly failed to carry out the work in accordance with the Contract Documents; or

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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Time for Submitting and Reviewing Applications for Payment. D-BE shall submit each application for payment to County Owner for its review on the last business day of the month for which it is seeking payment. County Owner will review the application for payment as soon as practicable and, no later than 7 days after receiving it or as provided by Public Contract Code Section 20104.50, will return to D-BE any application for payment that County Owner determines is not a proper application for payment suitable for payment along with a written explanation of the reasons why the application for payment is not proper. The grounds on which the County Owner may conclude the application for payment is not proper and not suitable for payment include, but are not limited, to: (i) the application is missing documents required under the preceding Section "Form and Contents of Applications for Payment"; (ii) the application does not accurately reflect the progress of the work; (iii) the quality of the work is not in conformance with the requirements of the Contract Documents; (iv) D-BE has failed to remedy defective work; (v) there are third party claims filed against County Owner arising out of D-BE's work; (vi) D-BE has failed to make payments properly to subcontractors and suppliers; (vii) D-BE has damaged CountyOwner's property or the work by or property of CountyOwner's separate D-BEs; (viii) D-BE has repeatedly failed to carry out the work in accordance with the Contract Documents; oror (ix) there is reasonable evidence that D-BE will not complete the work within the Contract Time and that the unpaid balance of the Contract Price would not be adequate to cover the Liquidated Damages for the anticipated delay.

Appears in 2 contracts

Samples: Design and Construction Agreement, Construction Services Contract

Time for Submitting and Reviewing Applications for Payment. D-BE Contractor shall submit each application for payment to County for its review on the last business day of the month for which it is seeking payment. County will review the application for payment as soon as practicable and, no later than 7 days after receiving it or as provided by Public Contract Code Section 20104.50, will return to D-BE Contractor any application for payment that County determines is not a proper application for payment suitable for payment along with a written explanation of the reasons why the application for payment is not proper. The grounds on which the County may conclude the application for payment is not proper and not suitable for payment include, but are not limited, to: (i) the application is missing documents required under the preceding Section "Form and Contents of Applications for Payment"; (ii) the application does not accurately reflect the progress of the work; (iii) the quality of the work is not in conformance with the requirements of the Contract Documents; (iv) D-BE Contractor has failed to remedy defective work; (v) there are third party claims filed against County arising out of D-BEContractor's work; (vi) D-BE Contractor has failed to make payments properly to subcontractors and suppliers; (vii) D-BE Contractor has damaged County's property or the work by or property of County's separate D-BEscontractors; (viii) D-BE Contractor has repeatedly failed to carry out the work in accordance with the Contract Documents; oror (ix) there is reasonable evidence that Contractor will not complete the work within the Contract Time and that the unpaid balance of the Contract Price would not be adequate to cover the Liquidated Damages for the anticipated delay.

Appears in 2 contracts

Samples: Contract, Construction Contract

Time for Submitting and Reviewing Applications for Payment. D-BE shall submit each application for payment to County OWNER for its review on the last business day of the month for which it is seeking payment. County OWNER will review the application for payment as soon as practicable and, no later than 7 days after receiving it or as provided by Public Contract Code Section 20104.50, will return to D-D- BE any application for payment that County OWNER determines is not a proper application for payment suitable for payment along with a written explanation of the reasons why the application for payment is not proper. The grounds on which the County OWNER may conclude the application for payment is not proper and not suitable for payment include, but are not limited, to: (i) the application is missing documents required under the preceding Section "Form and Contents of Applications for Payment"; (ii) the application does not accurately reflect the progress of the work; (iii) the quality of the work is not in conformance with the requirements of the Contract Documents; (iv) D-BE has failed to remedy defective work; (v) there are third party claims filed against County OWNER arising out of D-BE's work; (vi) D-BE has failed to make payments properly to subcontractors and suppliers; (vii) D-BE has damaged CountyOWNER's property or the work by or property of CountyOWNER's separate D-BEs; (viii) D-BE has repeatedly failed to carry out the work in accordance with the Contract Documents; oror (ix) there is reasonable evidence that D-BE will not complete the work within the Contract Time and that the unpaid balance of the Contract Price would not be adequate to cover the Liquidated Damages for the anticipated delay.

Appears in 1 contract

Samples: Design Build Construction Contract

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Time for Submitting and Reviewing Applications for Payment. D-BE XXXX shall submit each application for payment to County Owner for its review on the last business day of the month for which it is seeking payment. County Owner will review the application for payment as soon as practicable and, no later than 7 days after receiving it or as provided by Public Contract Code Section 20104.50, will return to D-BE XXXX any application for payment that County Owner determines is not a proper application for payment suitable for payment along with a written explanation of the reasons why the application for payment is not proper. The grounds on which the County Owner may conclude the application for payment is not proper and not suitable for payment include, but are not limited, to: : (i) the application is missing documents required under the preceding Section "Form and Contents of Applications for Payment"; (ii) the application does not accurately reflect the progress of the work; (iii) the quality of the work is not in conformance with the requirements of the Contract Documents; (iv) D-BE XXXX has failed to remedy defective work; (v) there are third party claims filed against County Owner arising out of D-BE's XXXX'x work; (vi) D-BE XXXX has failed to make payments properly to subcontractors and suppliers; (vii) D-BE XXXX has damaged CountyOwner's property or the work by or property of CountyOwner's separate D-BEscontractors; (viii) D-BE XXXX has repeatedly failed to carry out the work in accordance with the Contract Documents; oror (ix) there is reasonable evidence that XXXX will not complete the work within the Contract Time and that the unpaid balance of the Contract Price would not be adequate to cover the Liquidated Damages for the anticipated delay.

Appears in 1 contract

Samples: Construction Contract

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