Applications for Payments. 1. At least 20 days before the date established in the Agreement for each progress payment to be paid by Owner (but not more often than once a month), Construction Manager shall submit to Architect and Owner for review an Application for Payment on AIA forms G702 and G703 and filled out and signed by Construction Manager based on the completion and progress of the, and for Unit Price Work, based on the number of units completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. For the Unit Price Work, Construction Manager shall not be entitled to payment for the performance of any quantities of the Unit Price Work unless prior to performing same the quantities are verified and approved, in writing, by the Architect. If the Construction Manager proceeds with any Unit Price Work without obtaining the prior written approval of the Architect, the Construction Manager shall not be entitled to payment for the performance of such Unit Price Work. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a ▇▇▇▇ of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. Notwithstanding the foregoing, each Application for Payment shall show a complete breakdown of the Project components, the quantities completed and the amounts due, together with such data substantiating the Construction Manager’s right to payment and such supporting evidence which may be requested by the Architect or Owner including, but not limited to: (a) all Subcontractor requisitions, receipted invoices, delivery invoices; (b) where required by any manufacturers for extended warranties, inspection certificates or other acceptable documentation confirming the acceptable completion of any and all required inspections for the Work performed for which payment is being made; (c) all monthly reports required by any federal, state or local requirements including, but not limited to ▇▇▇▇▇-▇▇▇▇▇; and (d) any other documentation requested by Owner to support the amounts for the Cost of the Work or other amounts requisitioned. SAMPLE 2. In addition, as a further condition to payment of each progress payment, Construction Manager shall: (i) a submit partial release of lien from Construction Manager for the current Application for Payment, submit partial releases of lien from all laborers, material suppliers and Subcontractors through the date of the last payment made, and such other evidence that the Owner may reasonably require substantiating that all Work which is the subject of each such Application for Payment has been performed. The releases of lien form shall conform to the Florida’s Construction Lien Law 713.01 et. seq. and/or Fla. Stat. § 255.05, and shall be in such forms as approved by the Owner. An updated Progress schedule shall be submitted at least monthly to the Owner and Architect. Submission of the updated Progress schedule shall not serve as notice of delays and shall not be construed as Owner’s consent to extensions of the Contract Time. Each Application for Payment shall be submitted in triplicate to the Architect for approval. 3. Beginning with the second Application for Payment, each Application of Payment shall include an affidavit of Construction Manager stating that all previous progress payments received on account of the Work have been applied on account to discharge Construction Manager’s legitimate obligations associated with prior Applications for Payment. Commencing with the second Application for Payment, each Application for Payment shall also include unconditional partial releases of lien from all laborers, material suppliers and Subcontractors covering the prior progress payment to Construction Manager. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement and shall be in accordance with Florida law.
Appears in 1 contract
Applications for Payments. 1. At least 20 days
A. CONTRACTOR’S SUBMITTALS On or before the date established in first day of each month and no more than five days prior thereto, the Agreement Contractor may submit applications for each progress payment to be paid by Owner (but not more often than once a month), Construction Manager shall submit to Architect and Owner for review an Application for Payment on AIA forms G702 and G703 and filled out and signed by Construction Manager based on the completion and progress Work performed during such month covering the portion of the, and for Unit Price Work, based on the number of units Work completed as of the date indicated, and payments on account of this Contract shall be due per C.R.S. § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Application and accompanied Principal Representative of application for payments that have been certified by the Architect/Engineer. The Contractor shall submit the application for payment to the Architect/Engineer on State forms SBP- 7.2, Certificate for Contractor's Payment, or such supporting documentation other format as is the State Buildings Program shall approve, in an itemized format in accordance with the schedule of values or a cost loaded CPM schedule when required, supported to the extent reasonably required by the Contract Documents. For Architect/Engineer or the Unit Price WorkPrincipal Representative by receipts or other vouchers, Construction Manager shall not showing payments for materials and labor, prior payments and payments to be entitled made to payment for the performance of any quantities Subcontractors and such other evidence of the Unit Price Work unless prior Contractor’s right to performing same the quantities are verified and approved, in writing, by payments as the Architect/Engineer or Principal Representative may direct. If the Construction Manager proceeds with any Unit Price Work without obtaining the prior written approval of the Architect, the Construction Manager shall not be entitled to payment for the performance of such Unit Price Work. If payment is requested payments are made on the basis account of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site site, or at another some other location agreed to upon in writing, such payments shall be conditioned upon submission by the Application for Payment Contractor of bills of sale or such other procedure as will establish the Principal Representative’s title to such material or otherwise adequately protect the Principal Representative’s interests, and shall also be accompanied by a ▇▇▇▇ provide proof of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. Notwithstanding the foregoing, each Application for Payment shall show a complete breakdown of the Project components, the quantities completed and the amounts due, together with such data substantiating the Construction Manager’s right to payment and such supporting evidence which may be whenever requested by the Architect Principal Representative or Owner includingthe Architect/Engineer, but and shall be subject to the right to inspect the materials at the request of either the Architect/Engineer or the Principal Representative. All applications for payment, except the final application, and the payments there under, shall be subject to correction in the next application rendered following the discovery of any error.
▇. ARCHITECT/ENGINEER CERTIFICATION In accordance with the Architect/Engineer’s agreement with the Principal Representative, the Architect/Engineer after appropriate observation of the progress of the Work shall certify to the Principal Representative the amount that the Contractor is entitled to, and forward the application to the Principal Representative. If the Architect/Engineer certifies an amount different from the amount requested or otherwise alters the Contractor’s application for payment, a copy shall be forwarded to the Contractor. If the Architect/Engineer is unable to certify all or portions of the amount requested due to the absence or lack of required supporting evidence, the Architect/Engineer shall advise the Contractor of the deficiency. If the deficiency is not limited to: corrected at the end of ten (a10) all Subcontractor requisitionsdays, receipted invoicesthe Architect/Engineer may either certify the remaining amounts properly supported to which the Contractor is entitled, delivery invoices; or return the application for payment to the Contractor for revision with a written explanation as to why it could not be certified.
C. RETAINAGE WITHHELD Unless otherwise provided in the Supplementary General Conditions, an amount equivalent to five percent (b5%) where of the amount shown to be due the Contractor on each application for payment shall be withheld until the Work required by any manufacturers for extended warranties, inspection certificates or other acceptable documentation confirming the acceptable completion Contract has been performed. The withheld percentage of the contract price of any and all required inspections for the Work performed for which payment is being made; (c) all monthly reports required by any federalsuch Work, state improvement, or local requirements including, but not limited construction shall be administered according to C.R.S. § ▇▇▇-▇▇-▇▇▇, as amended, and C.R.S. § ▇▇; -▇▇-▇▇▇, as amended, and (d) any other documentation requested by Owner to support the amounts for the Cost of Article 31D, shall be retained until the Work or other amounts requisitioned. SAMPLE
2. In addition, as a further condition to payment of each progress payment, Construction Manager shall: (i) a submit partial release of lien from Construction Manager for the current Application for Payment, submit partial releases of lien from all laborers, material suppliers and Subcontractors through the date discrete portions of the last payment madeWork, have been completed satisfactorily, finally or partially accepted, and such other evidence that the Owner may reasonably require substantiating that all Work which is the subject of each such Application advertised for Payment has been performed. The releases of lien form shall conform to the Florida’s Construction Lien Law 713.01 et. seq. and/or Fla. Stat. § 255.05, and shall be final settlement as further provided in such forms as approved by the Owner. An updated Progress schedule shall be submitted at least monthly to the Owner and Architect. Submission of the updated Progress schedule shall not serve as notice of delays and shall not be construed as Owner’s consent to extensions of the Contract Time. Each Application for Payment shall be submitted in triplicate to the Architect for approvalArticle 41.
3. Beginning with the second Application for Payment, each Application of Payment shall include an affidavit of Construction Manager stating that all previous progress payments received on account of the Work have been applied on account to discharge Construction Manager’s legitimate obligations associated with prior Applications for Payment. Commencing with the second Application for Payment, each Application for Payment shall also include unconditional partial releases of lien from all laborers, material suppliers and Subcontractors covering the prior progress payment to Construction Manager.
4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement and shall be in accordance with Florida law.
Appears in 1 contract