Common use of Provision for Payment Clause in Contracts

Provision for Payment. A. The Contractor’s total compensation for performance of the Work under this Contract shall be B. Payments for Contractor’s Work shall be made monthly in accordance with this Article IV herein, General Conditions, Article 8 (Payment), and General Requirements, Section 012900 (Payment Procedures) in proportion to Work performed and approved by Owner. Payments shall be requisitioned on the Owner’s form (Contractor Application for Payment), with an accompanying copy of certified payrolls for the Contractor and its Subcontractors and other appropriate backup. Contractor’s and its Subcontractors’ certified payrolls shall show the names and rates of pay of all personnel performing the Work during the payment period, and their position classification. Said form must be included as a part of any Contractor Application for Payment related to the Work. Payment shall be made in accordance with the approved Schedule of Values (Exhibit E - Schedule of Values), which summarizes payments to be made under the payment provisions of the Contract Documents after the applicable Work is completed. C. The Contractor shall file no mechanic’s or materialman’s lien or maintain any claim against the Owner’s funds, real estate, property, or improvements for or on account of any work done, labor performed, or materials furnished under this Contract. The Contractor shall use its best efforts to prevent the placement of any liens on any Owner funds, real estate, property, or improvements by Contractor’s Subcontractors or their employees. If Contractor fails to prevent the filing of such liens or fails to bond against such liens, Contractor shall be responsible and liable for, and shall indemnify Owner for all of Owner’s costs, expenses (including attorneys’ fees), liabilities, damages, fees, penalties, judgments, and settlement costs arising either directly or indirectly from the placement of such lien. The obligations and liabilities of Contractor under this Article shall not apply where the basis for such lien relates to amounts invoiced by Contractor that are either not paid or are disputed by Owner.

Provision for Payment. A. Each Work Order shall contain a detailed Scope of Work to be accomplished, the Contract Sum, and the Contract Time. The Contractor’s total compensation for performance Work Order (upon execution by the Parties hereto) shall constitute a Contract Document and shall be made a part hereof, subject to adjustment, if any, of the Work under this Contract Sum pursuant to the provision of General Conditions, Article 7. The Contract Sum shall bebe established on a Lump Sum (LS) basis unless adjusted pursuant to an approved Change Order. B. Payments for Contractor’s Work shall be made monthly in accordance with this Article IV herein, General Conditions, Article 8 (Payment), and General Requirements, Section 012900 (Payment Procedures) in proportion to Work performed and approved by Construction Manager as agent of the Owner. Payments shall be requisitioned on the OwnerConstruction Manager’s form (Contractor Application for Payment), with an accompanying copy of certified payrolls for the Contractor and its Subcontractors and other appropriate backup. Contractor’s and its Subcontractors’ certified payrolls shall show the names and rates of pay of all personnel performing the Work during the payment period, and their position classification. Said form must be included as a part of any Contractor Application for Payment related to the Work. Payment shall be made in accordance with the approved Schedule of Values (Exhibit E - Schedule of Values)to be attached to the Work Order, which summarizes payments to be made under the payment provisions of the Contract Documents after the applicable Work is completed. C. The Contractor shall file no mechanic’s or materialman’s lien or maintain any claim against the Owner’s funds, real estate, property, or improvements for or on account of any work done, labor performed, or materials furnished under this Contract. The Contractor shall use its best efforts to prevent the placement of any liens on any Owner funds, real estate, property, or improvements by Contractor’s Subcontractors or their employees. If Contractor fails to prevent the filing of such liens or fails to bond against such liens, Contractor shall be responsible and liable for, and shall indemnify Owner Owner, Landlord and Construction Manager for all of Owner’s and Construction Manager’s costs, expenses (including attorneys’ fees), liabilities, damages, fees, penalties, judgments, and settlement costs arising either directly or indirectly from the placement of such lien. The obligations and liabilities of Contractor under this Article shall not apply where the basis for such lien relates to amounts invoiced by Contractor that are either not paid or are disputed by Owner or by Construction Manager on behalf of the Owner. D. The Contractor agrees that: (i) the Contract is a general obligation of the Owner; (ii) the Construction Manager is not a party to this Contract and shall have no liability to the Contractor or any of its Subcontractors; and (iii) the Contractor hereby releases the Construction Manager from any and all claims that it may now or in the future may have against the Construction Manager as a result of actions taken by the Construction Manager under this Contract.