Common use of Payments to the Construction Manager Clause in Contracts

Payments to the Construction Manager. 8.1 The Construction Manager will submit monthly to the Owner a statement, sworn to if required, showing all moneys paid out, costs accumulated or costs incurred on account of the Cost of the Project during the previous month, cost for work performed by Trade Contractors and the amount of the Construction Manager's Fee due as provided in Article 5. Payment by the Owner to the Construction Manager, for the services provided by the Construction Manager, will be paid within thirty days (30) after it is received by County Facilities Management from the Construction Manager. The Owner will withhold from each monthly payment an amount equal to five percent (5%) as Retainage on account of the Construction Manager. The General 8.1.1 The Construction Manager will maintain detailed statements, including without limitation, payroll records, receipted invoices, check vouchers, and any other evidence demonstrating costs incurred by the Construction Manager on account of the Cost of the Project, which records will be available for the Owner's examination during regular business hours. 8.2 Final payment will be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager, including the correction of nonconforming work, except for the Construction Manager's responsibility to satisfy other requirements, if any, which Owner agrees necessarily survive final payment: (2) a final Application for Payment and a final accounting for the Cost of the Project have been submitted by the Construction Manager and reviewed and commented on by the Owner and (3) Architect has inspected the work and a final Certificate for Payment has then been issued by the Architect, such final payment will be made by the Owner not more that 30 days after the issuance of the Architect's final Certificate for Payment. If Final Payment is withheld, the amount withheld will equal a sum 150% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately together with the estimated cost of completing each unfinished item. Thereafter, Owner will pay to the Construction Manager, monthly, the amount retained for incomplete items as each of said items is completed. 8.3 If the Owner should fail to pay the Construction Manager within fourteen (14) days after the time the payment of any amount becomes due, then the Construction Manager may, upon seven (7) additional days written notice to the Owner and the Architect/Engineer, stop the Project until payment of the amount owing has been received. The Contract performance time will be extended appropriately and the GMP will be increased by the amount of the Construction Manager’s reasonable costs of shut-down, delay and start-up, all of which costs will be reimbursed the Construction Manager. 8.4 Payments due but unpaid will bear interest as provided by law. 8.5 As a part of his monthly progress payment application the Construction Manager will list the critical path activities in tabular format (Microsoft Office Word or Excel document). This list will include the critical path activities (completed percentage of each and those not completed) for the month of the current progress payment application and the upcoming 3 months ahead (Month 1, Month 2 and Month 3, all listed as separate months). The document should be titled “Project Critical Path This Month and the 3 Month Look Ahead”.

Payments to the Construction Manager. 8.1 The Construction Manager will submit monthly to the Owner a statement, sworn to if required, showing all moneys paid out, costs accumulated or costs incurred on account of the Cost of the Project during the previous month, cost for work performed by Trade Contractors and the amount of the Construction Manager's Fee due as provided in Article 5. Payment by the Owner to the Construction Manager, for the services provided by the Construction Manager, will be paid within thirty days (30) after it is received by County Facilities Management the County's Representatives from the Construction Manager. The Owner will withhold from each monthly payment an amount equal to five percent (5%) as Retainage on account of the Construction Manager. The GeneralGeneral Conditions and Construction Phase Services costs will not be subject to Retainage. Owner may release partial retainage to Construction Manager on written approval of the Construction Manager's surety on the performance and payment bonds. 8.1.1 8.1.1. The Construction Manager will maintain detailed statements, including without limitation, payroll records, receipted invoices, check vouchers, and any other evidence demonstrating costs incurred by the Construction Manager on account of the Cost of the Project, which records will be available for the Owner's examination during regular business hours. 8.2 Final payment will be made by the Owner to the Construction Manager when (1) when the Contract has been fully performed by the Construction Manager, including the correction of nonconforming work, except for the Construction Manager's responsibility to satisfy other requirements, if any, which Owner agrees necessarily survive final payment: (2) a final Application for Payment and a final accounting for the Cost of the Project have been submitted by the Construction Manager and reviewed and commented on by the Owner and (3) Architect has inspected the work and a final Certificate for Payment has then been issued by the Architect, such final payment will be made by the Owner not more that than 30 days after the issuance of the Architect's final Certificate for Payment. If Final Payment is withheld, the amount withheld will equal a sum 150% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately together with the estimated cost of completing each unfinished item. Thereafter, Owner will pay to the Construction Manager, monthly, the amount retained for incomplete items as each of said items is completed. 8.3 If the Owner should fail to pay the Construction Manager within fourteen (14) days after the time the payment of any amount becomes due, then the Construction Manager may, upon seven (7) additional days written notice to the Owner and the Architect/Engineer, stop the Project until payment of the amount owing has been received. The Contract performance time will be extended appropriately and the GMP will be increased by the amount of the Construction Manager’s reasonable costs of shut-down, delay and start-up, all of which costs will be reimbursed the Construction Manager. 8.4 Payments due but unpaid will bear interest as provided by law. 8.5 As a part of his monthly progress payment application the Construction Manager will list the critical path activities in tabular format (Microsoft Office Word or Excel document). This list will include the critical path activities (completed percentage of each and those not completed) for the month of the current progress payment application and the upcoming 3 months ahead (Month 1, Month 2 and Month 3, all listed as separate months). The document should be titled “Project Critical Path This Month and the 3 Month Look Ahead”.w