Progress Payments Clause Samples
The Progress Payments clause establishes a schedule for partial payments to be made as work on a project advances. Typically, it outlines the criteria for submitting payment applications, such as completion of specific milestones or percentages of work, and may require supporting documentation like invoices or progress reports. This clause ensures that contractors or service providers receive compensation throughout the project, improving cash flow and incentivizing timely performance, while also protecting the client by tying payments to verified progress.
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Progress Payments. The Contractor will receive periodic progress payments for Work performed, materials in place, suitably stored on site, or as otherwise agreed to by the Owner and the Contractor. Payment is not due until receipt by the ODR or his designee of a correct and complete Pay Application in electronic and/or hard copy format as set forth in Special Conditions or Division 1 Specifications, and certified by the A/E. Progress payments are made provisionally and do not constitute acceptance of Work not in accordance with the Contract Documents. The Owner will not process progress payment applications for Change Order work until all parties execute the Change Order.
Progress Payments. Payments for Basic Services and Supplemental Basic Services shall be made as provided in Article 7 in accordance with the following schedule: Schematic Design Phase: 15% Design Development Phase: 20% Construction Documents Phase: 40% Bidding or Negotiation Phase: 5% Construction Phase: 20%
Progress Payments. 9.5.1 After the Architect has issued a Certificate for Payment, the State shall make payment in the manner and within the time provided in the Contract Documents.
9.5.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the State, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his or her Sub-subcontractors in similar manner.
9.5.3 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Architect on account of Work done by such Subcontractor.
9.5.4 Neither the State nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor.
9.5.5 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the State, shall constitute an acceptance of any Work not in accordance with the Contract Documents.
Progress Payments. OWNER can make progress payments on account of the Contract Price. All progress payments will be on the basis of the progress of the work as approved by the OWNER’S Consultant and OWNER'S representative.
Progress Payments. Progress payments shall be made on a thirty (30) day cycle on the fifteenth (15th) day of each month, or, if the 15th day falls on a weekend or holiday, on the first business day thereafter. Contractor shall submit Applications for Payment in accordance with Article 9 of the WCC General Conditions. Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents and shall be accompanied by a properly completed sworn statement from Contractor, each Subcontractor, and each Sub-Subcontractor of any tier whose subcontract exceeds $2,000.00, and such other supporting documents as may be required by the Owner or Architect. The issuance of an Application for Payment constitutes a representation by the Contractor to the Owner that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment in the amount certified. The Architect shall review the Application and issue a Certificate for Payment in accordance with the provisions of the WCC General Conditions. Each progress payment shall cover the amount due to the Contractor for the Work as provided in the WCC General Conditions; provided, however, there shall be retained from each Application for Payment, ten percent (10%) of the amount of the Application until Final Completion of the Work. The amount of the retainage may be reduced, in the sole discretion of the Owner, after the Work is fifty percent completed. Within 30 days after the submittal of the Application to the Architect, the Owner shall pay to the Contractor such amounts, if any, certified by the Architect and approved by the Owner, less the retained percentage. The Owner may defer processing of progress payments until work having a prior sequence, as provided in the Contract Documents, is in place and is approved.
Progress Payments. All applications for payment ("Invoices"), in form acceptable to Owner, shall include a complete description of the labor and materials supplied, and the work done during the period covered by the Invoice (the "Invoice Period"). All Invoices shall be accompanied by (i) a list of all suppliers and subcontractors whose materials or services have been utilized by Contractor to perform the work described in the Invoice, and (ii) signed waivers of and releases from any claim of lien, or stop notice that could be asserted by such suppliers, subcontractors and Contractor as a result of the work performed during the Invoice Period. Each Invoice will be accompanied by certified statements from each supplier and subcontractor (1) indicating the total amount due them as a result of the work performed during the Invoice Period, (2) acknowledging that Contractor may or may not (in the Owner’s sole discretion) be paid by means of a joint check prepared based upon such certified statements, and (3) agreeing that such supplier's or subcontractor's negotiation of any such check shall be its representation that it has been timely and fully paid for work performed through the end of the Invoice Period. Such certified statements shall be in the form prescribed by the laws of the state in which the Job Site is located, or if no such prescribed form exists, in substantially the form attached hereto as Exhibit A. Contractor agrees to furnish, if and when required by Owner, payroll affidavits, receipts, vouchers, releases of claims for labor, material and subcontractors performing work or furnishing material under this Agreement, all in form satisfactory to Owner. Subject to the payment provisions of this Agreement, ninety percent (90%) of the amount set forth in the Invoices shall be paid in any calendar month upon payment of the progress payment for such month to Contractor. Invoices shall not be submitted more frequently than monthly, and shall include all charges made since the preceding Invoice Period.
Progress Payments. 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
Progress Payments. Monthly progress payments shall be processed by the City upon receipt of the claim as computed by the Engineer based on work completed during the month per the hourly rates and allowable reimbursable as established in Section 5.1 and approved by the City. Net payment to the Engineer shall be due within forty-five (45) days of receipt by the City.
Progress Payments. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor’s Bid and any subsequently identified Subcontractors are subject to Owner’s prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner’s sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a ▇▇▇▇ of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall b...
Progress Payments. 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided.
9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by similar agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of Values.
9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.