PAYMENTS TO SUBCONTRACTOR Clause Samples

PAYMENTS TO SUBCONTRACTOR. 8.1 Based upon applications for payment submitted to the Contractor by the Subcontractor, corresponding to applications for payment submitted by the Contractor to the Architect, and certificates for payment issued by the Architect, the Contractor shall make progress payments on account of the Subcontract sum to the subcontractor as provided below and elsewhere in the Subcontract documents. Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor and Subcontractor for Work properly performed by their contractors and suppliers shall be held by the Contractor and Subcontractor for those contractors or suppliers who performed Work of furnished materials, or both, under contract with the Contractor or Subcontractor for which payment was made to the Contractor by the owner or to the Subcontractor by the Contractor, as applicable. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor or Subcontractor, shall create and fiduciary liability or tort liability on the part of the Contractor or Subcontractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor or Subcontractor for breach of the requirements of this provision. 8.2 Subcontractor understands that all payments to Subcontractor will be made from a specific source, specifically, from payments made by

PAYMENTS TO SUBCONTRACTOR. Payments shall be due for all work completed by Subcontractor, less retention, up to the suspension date, as provided under the Payment procedures in the Subcontract Documents. Any unauthorized work performed by Subcontractor after the date of suspension will not be paid unless and until work resumes and such work is paid for by Owner.

PAYMENTS TO SUBCONTRACTOR. (a) Notwithstanding any other provision of this Mastercraft Agreement, Project Subcontract or the Contract Documents, progress payments to the Subcontractor shall be made no more than one time each month (as indicated by the Contractor) within ten days after submittal, approval, and payment of the Contractor’s monthly estimate by the Owner; and the Contractor or the Owner shall retain 10% of the amount due to the Subcontractor from progress payments under partial payment estimates for work performed by the Subcontractor until final completion, acceptance, and payment of the Subcontractor’s work by the Owner. Request for partial payment must be submitted to Contractor no later than the 25th day of the month and must be on the standard form therefore from time to time prepared or used by Contractor, and must be accompanied by a partial release of the Contractor, Owner and Project of such portion of all claims and liens arising by virtue of the Project Subcontract, and an affidavit by the Subcontractor that all labor, material and other bills have been paid, all subject to the satisfaction of the Contractor. Certified payroll reports must be submitted with each request for payment if required by Contractor, owner or if specified in the Contract documents. (b) Request for final payment must be accompanied by as built drawings, warranties, operating manuals, a release of the Contractor, Owner and Project of all claims and liens arising by virtue of the Project Subcontract, and an affidavit by the Subcontractor that all labor, material and other bills have been paid, all subject to the satisfaction of the Contractor. Final payment by the Contractor shall not be construed as acceptance of defective work or improper materials or waiver of any breach of this Mastercraft Agreement and/or the Project Subcontract. Contractor hereby reserves any and all rights it may have at law or in equity with respect to this Subcontract and the matter covered hereby. No other provisions to the contrary withstanding, final payment shall be made within ten (10) days after all of the following conditions have been met; (i) Contractor has received payment from Owner, and (ii) the Subcontract Work has been fully and completely performed in accordance with this agreement; and (iii) all other requirements herein set forth are satisfied. (c) On all final and partial payments Contractor shall have the right to insist, prior to payment, upon receipt from Subcontractor of (i) release of liens...

PAYMENTS TO SUBCONTRACTOR. The estimated cost for Contractors completion of the Work, including indirect charges, is $20,000 per month. Payments by the Company to the Contractor shall be made in accordance with the following: a) Upon commencement of the Work, Contractor shall submit invoices (Attachment B), and such other reasonable documentation as requested by the Company, at approximately thirty (30) day intervals for payment of costs associated with the contract. b) Payments shall be made to Contractor within thirty (30) days after the Company receives the invoice thereof.

PAYMENTS TO SUBCONTRACTOR. The “Contract Sum” means and refers to the amount of money to be paid to the Subcontractor as set forth on the purchase order for the performance of all of the work set forth in the purchase order, and shall be paid in accordance with the following procedures which may be amended at the request of the Owner: 8.01 Based upon Applications for Payment submitted to the Contractor by Subcontractor, the Contractor shall make progress payment on account of the Contract Sum to Subcontractor as provided in the Contract Documents. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Each Application for Payment shall be based upon the schedule of values submitted by the Subcontractor to Contractor and approved by Contractor prior to the performance of the Work. The schedule of values shall not be changed without the prior written approval of Contractor. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect and/or Owner may require. This schedule, unless objected to by the Contractor, shall be used as a basis for reviewing the Subcontractor’s Applications for Payment. The Contract Amount shall be payable as hereinafter set forth, subject however to a holdback (“Retainage”) of 10% until the Substantial Completion Date as defined in this Subcontract. The Contract Sum includes all Federal, State, City, County, municipal, sales, use and other taxes imposed by law. Where the law requires any such taxes to be stated and charged separately, the total price of all items included in the work plus the amount of the taxes shall not exceed the Contract Sum. (a) With each Requisition, Subcontractor shall submit partial waivers of lien, in a form annexed hereto as Exhibit “A”, acknowledging that it has been paid in full for all labor performed and materials furnished to the Project as of the date of the prior Requisition, and that Subcontractor has no claims including, but not limited to, those for extra work or additional costs for work performed up to the date of the Requisition except for the amount requested in the Requisition and any other claims identified in the partial waiver of lien submitted with the Requisition. In addition, Subcontractor shall with each Requisition furnish an affidavit, in a form approved by Cont...

PAYMENTS TO SUBCONTRACTOR. Within seven (7) days after receipt of any amount paid to the Provider by the Buyer pursuant to the terms of this Agreement, the Provider shall either (i) pay the subcontractor for the proportionate share of the total payment received from the Buyer that is attributable to work performed or services rendered by the subcontractor pursuant to its contract with the Provider; or (ii) notify the Buyer and the subcontractor, in writing, of its intention to withhold all or a part of the subcontractor’s payment and the reason for nonpayment.

PAYMENTS TO SUBCONTRACTOR. Section 15.5.2.1 The Design-Builder must take one of the following actions within seven (7) days of receipt of any amount paid to the Design-Builder by the District for work performed by any subcontractor under this contract: a. Pay the subcontractor for the proportionate share of the total payment received from the District that is attributable to the subcontractor for work performed under the Contract; or b. Notify the Contracting Officer and the subcontractor, in writing, of the Design- Builder’s intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment.

PAYMENTS TO SUBCONTRACTOR. Within seven (7) days after receipt of amounts paid by the County for work performed by a subcontractor under this Contract, the Contractor shall either: A. Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under this Contract; or B. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment and the reason for non-payment. The Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid beyond the seven (7) day period except for amounts withheld as allowed in item B. above. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (1%) per month. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this provision may not be construed to be an obligation of the County.

PAYMENTS TO SUBCONTRACTOR. The cost for UTHSCSA's completion of the Work, including indirect charges, is $64,306. Payments by XPENTION to UTHSCSA shall be made in accordance with the following schedule: a. Signature: $34,306 b. 4 month mark: $20,000 c. Final report submission: $10,000 Payments will be effected within 45 days of receipt of invoice.