Withholding Payments To Subcontractors. The Construction Manager shall not withhold payments to subcontractors if such payments have been made to the Construction Manager. If Prompt payment does not occur for any reason, the Construction Manager shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required.
Withholding Payments To Subcontractors. The Contractor shall not unreasonably withhold payments to subcontractors if such payments have been made to the Contractor.
Withholding Payments To Subcontractors. 26 13.0.0 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION................................................. 26 13.1.0 Indemnity.............................................................................................................................................. 26 13.2.0 Construction Manager's Insurance........................................................................................................ 26 13.3.0 Waiver Of Subrogation......................................................................................................................... 28 13.3.1 Damages Caused By Perils Covered By Insurance .............................................................................. 28 13.3.2 Loss Or Damage To Equipment Covered By Insurance ....................................................................... 28 13.3.3 Property And Consequential Loss Policies........................................................................................... 28 13.3.4 Endorsement Of Policies ...................................................................................................................... 28 14.0.0 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATION .............................................................................. 28 14.1.0 Termination By The Construction Manager ......................................................................................... 28 14.2.0 Owner's Right To Perform Construction Manager's Obligations And Termination By Owner For Cause ............................................................................................................................ 29 14.3.0 Termination By Owner Without Cause ................................................................................................ 29 15.0.0 ASSIGNMENT AND GOVERNING LAW ........................................................................................ 29 15.1.0 Assignment Consent ............................................................................................................................. 29 15.2.0 Governing Laws ................................................................................................................................... 30 16.0.0 NOTICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAY ........................... 30 16.1.0 Governing Provisions ..................................................................................................................
Withholding Payments To Subcontractors. The Construction Manager shall not withhold payments justly due to subcontractors if such payments have been made to the Construction Manager. Should this occur for any reason, the Construction Manager shall immediately return such monies to the Owners, adjusting pay requests and project bookkeeping as required. Payments to subcontractors shall comply with Section 218.70, as amended, Florida Statutes, Local Government Prompt Payment Act.
Withholding Payments To Subcontractors. The Contractor shall not unreasonably withhold payments to subcontractors if such payments have been made to the Contractor. OFFICE OF ECONOMIC OPPORTUNITY (OEO) Participation Requirements Failure on the part of the Contractor to employ SBEs M/WBEs to fulfill the scope of work they were listed for in the Contractor’s Bid at a percentage level equal to or higher than stated on OEO FORM 1, shall constitute a material breach of contract and default justifying termination. Upon request of approval for a change order, the DCPS Minority Business Affairs office shall be notified. If it is for additional scope of work goals may be set accordingly. Nothing contained herein shall be construed to require the successful Contractor to award a subcontract to an SBE and/or M/WBE if it is not the lowest conforming bid. OEO REPORTING The Contractor shall submit the following: A monthly summary of actual OEO participation using OEO FORM 5, on a monthly basis. An OEO FORM 6, OEO CHANGE ORDER FORM, along with all proposal documents requesting a Change Order(s). A Project Summary is required upon completion that will include the original scope of the project and any change orders. This summary should include the SBE and M/WBEs that participated on the Project, the amount they were paid and any monies owed them and the reason for them being withheld. Failure to submit these documents in conjunction with the pay request shall result in a withholding of payment until the Contractor has submitted the required documentation. The Contractor is required to maintain records of the OEO summaries for three (3) years. This information should be forwarded directly to: Xxxx X. Xxxxxx, Supervisor Office of Economic Opportunity 0000 Xxxxx Xxx Xxxxxxx Xxxxxxxxxxxx, XX 00000 (000) 000-0000 (phone) / (000) 000-0000 (fax) Payment Methods The Owner will make payment in one of two methods – either by direct check issuance or credit card (DCPS e-payables/credit card program process). The Contractor must elect which option they choose to be paid at the beginning of the Agreement period. If direct check is chosen, the Contractor may elect the e-payable/credit card process method at any time during the Agreement; however, once this option is selected, no further changes may be made unless approved by the Owner. At the Owner’s sole option, the Owner may change the direct check issuance to an Automated Clearing House Method (ACH) of payment. Payment shall be made in accordance with the Florida Prompt Pa...
Withholding Payments To Subcontractors. Contractor shall not withhold payments to subcontractors if such payments have been made to Contractor except in cases where the subcontractor has failed to pay sub-tier contractors or is in default. The such cases, the Contractor may withhold payments equivalent to the amount unpaid or the cost to cure default.. Should this occur for any reason, Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required.
Withholding Payments To Subcontractors. Contractor shall not withhold payments to Subcontractors if such payments have been made to Contractor. Should this occur for any reason, Contractor shall immediately return such monies to City, adjusting Applications for Payment and Project bookkeeping as required.
Withholding Payments To Subcontractors. The Construction Manager shall not unreasonably withhold payments to subcontractors if such payments have been made to the Construction Manager.
Withholding Payments To Subcontractors. The Contractor shall not withhold payments to subcontractors if such payments have been made to the Contractor. Should this occur for any reason, the Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required.
Withholding Payments To Subcontractors. The DESIGN-BUILD FIRM shall not unreasonably withhold payments to subcontractors if such payments have been made to the DESIGN-BUILD FIRM. If there is a dispute as to payment of a subcontractor DESIGN-BUILD FIRM must notify subcontractor whose payment is disputed, in writing, of the amount in dispute and the actions required to cure the dispute. The DESIGN-BUILD FIRM must pay all undisputed amounts due within the time limits imposed by The Local Government Prompt Payment Act, § 218.735, Florida Statutes.
