Prompt Payment of Withheld Funds to Subconsultants Clause Samples

The "Prompt Payment of Withheld Funds to Subconsultants" clause requires that any funds withheld from subconsultants, such as retainage or deductions, must be released and paid to them promptly once the conditions for withholding are resolved. In practice, this means that if a contractor withholds payment from a subconsultant due to incomplete work or outstanding issues, the withheld amount must be paid as soon as the subconsultant fulfills their obligations. This clause ensures timely payment down the contracting chain, preventing unnecessary delays and promoting fair treatment of subconsultants.
Prompt Payment of Withheld Funds to Subconsultants. ALAMEDA CTC shall hold retainage, if any, from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by ALAMEDA CTC, of the contract work, and pay retainage to the CONSULTANT based on these acceptances. CONSULTANT or its subconsultants shall return all monies withheld in retention from all subconsultants, regardless of tier, within thirty (30) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE subconsultants.
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Prompt Payment of Withheld Funds to Subconsultants. ALAMEDA CTC shall hold retainage, if any, from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by ALAMEDA CTC, of the contract work, and pay retainage to the CONSULTANT based on these acceptances. CONSULTANT or its subconsultants shall return all monies withheld in retention from all subconsultants, regardless of tier, within fifteen (15) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by ALAMEDA CTC. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with ALAMEDA CTC’s prior written approval. Any violation of this provision shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 3321 of the California Civil Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE subconsultants.
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Prompt Payment of Withheld Funds to Subconsultants. ‌ 2 The COUNTY may hold retainage from the CONSULTANT as provided in Article 3 5, Section D. 4 1. If the COUNTY has elected to hold retainage for a PROJECT under 5 Article 5, Section D, the COUNTY shall hold retainage from the CONSULTANT and shall 6 make prompt and regular incremental acceptances of portions, as determined by the 7 COUNTY of the contract work and pay retainage to the CONSULTANT based on these 8 acceptances. The CONSULTANT or subconsultant shall return all monies withheld in 9 retention from all subconsultants within 15 days after receiving payment for work 10 satisfactorily completed and accepted including incremental acceptances of portions of 11 the contract work by the COUNTY. Any delay or postponement of payment may take 12 place only for good cause and with the COUNTY’s prior written approval, in order to 13 ensure prompt and full payment of any retainage kept by the CONSULTANT or 14 subconsultant to a subconsultant. 15 Any violation of these provisions shall subject the violating CONSULTANT 16 or subconsultant to the penalties, sanctions, and other remedies specified in Section 17 3321 of the California Civil Code. This requirement shall not be construed to limit or 18 impair any contractual, administrative or judicial remedies otherwise available to the 19 CONSULTANT or subconsultant in the event of a dispute involving late payment or 20 nonpayment by the CONSULTANT, or deficient subconsultant performance and/or 21 noncompliance by a subconsultant. This clause applies to both DBE and non-DBE 22 subconsultants. 23 2. If the COUNTY has elected not to hold retainage for a PROJECT under 24 Article 5, Section D, no retainage will be held by the COUNTY from progress payments
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Related to Prompt Payment of Withheld Funds to Subconsultants

  • Prompt Payment to Subcontractors (a) Within 7 days of receipt by the Contractor of each payment from the City under this contract, the Contractor shall pay all Subcontractors (which term includes subconsultants and suppliers) based on work completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more than 7 days after receipt of payment by the Contractor from the City under this contract, the Contractor shall pay the Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this subsection (a) directly against the Contractor, but not against the City of Durham. (b) If the individual assigned to administer this contract for the City (in this section, titled “Prompt Payment to Subcontractors,” he or she will be referred to as the “Project Manager”) determines that it is appropriate to enforce subsection (a) in this manner, the City may withhold from progress or final payments to the Contractor the sums estimated by the Project Manager to be (i) the amount of interest due to the Subcontractor under subsection (a), and/or (ii) the amounts past-due under subsection (a) to the Subcontractor but not exceeding 5% of the payment(s) due from the City to the Contractor. This subsection (b) does not limit any other rights to withhold payments that the City may have. (c) Nothing in this section (titled “Prompt Payment to Subcontractors”) shall prevent the Contractor at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the Subcontractor for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage to the Contractor or another subcontractor; reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed 10%. (d) The Project Manager may require, as a prerequisite to making progress or final payments, that the Contractor provide statements from any Subcontractors designated by the Project Manager regarding the status of their accounts with the Contractor. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.

  • File Management and Record Retention relating to CRF Eligible Persons or Households Grantee must maintain a separate file for every applicant, Eligible Person, or Household, regardless of whether the request was approved or denied. a. Contents of File: Each file must contain sufficient and legible documentation. Documents must be secured within the file and must be organized systematically.

  • RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES The Allottee hereby agrees to purchase the [Apartment/Plot] on the specific understanding that is/her right to the use of Common Areas shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time.

  • PAYMENT TO SUB-CONTRACTORS 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone.

  • Payments to Subcontractors Develop and implement a procedure for the review, processing and payment of applications by subcontractors for progress and final payments.