Use of Joint Checks. If Owner becomes informed that Design/Builder has not paid a Subcontractor, materialman, laborer, or Supplier as provided herein, Owner shall have the right, but not the duty, to issue checks and payment then or thereafter otherwise due to Design/Builder naming Design/Builder and any such Subcontractor, materialman, laborer, or Supplier as joint payees. Such joint check procedure, if employed by Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit Owner to repeat the procedure in the future nor to create any contractual or other relationship of any kind between Owner and such person or entity.
Appears in 4 contracts
Samples: Design/Build Contract, Design/Build Contract, Guaranteed Maximum Price Design and Construction Agreement
Use of Joint Checks. If Owner becomes informed that Design/Builder has not paid a Subcontractorsubcontractors, materialmanmaterial, laborermen, or Supplier laborers, and suppliers as provided herein, Owner shall have the right, but not the duty, to issue checks and payment then or thereafter otherwise due to Design/Builder naming Design/Builder and any such Subcontractorsubcontractors, materialmanmaterial, laborermen, or Supplier laborers, and suppliers as joint payees. Such joint check procedure, if employed by Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit Owner to repeat the procedure in the future nor to create any contractual or other relationship of any kind between Owner and such person or entity.
Appears in 2 contracts
Samples: Design and Construction Agreement, Design and Construction Agreement
Use of Joint Checks. If Owner becomes informed that Design/Builder has not paid a Subcontractor, materialman, laborer, or Supplier supplier as provided herein, Owner shall have the right, but not the duty, to issue checks and payment then or thereafter otherwise due to Design/Builder naming Design/Builder and any such Subcontractor, materialman, laborer, or Supplier supplier as joint payees. Such joint check procedure, if employed by Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit Owner to repeat the procedure in the future nor to create any contractual or other relationship of any kind between Owner and such person or entity.
Appears in 1 contract
Samples: Design/Build Contract