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Subcontractor agrees that all progress payments and final payment to Subcontractor are contingent upon and subject to Owner's acceptance of Subcontractor's work and upon contractor's receipt of payment from Owner. Subcontractor agrees to accept the risk of non-payment if Contractor is not paid progress payments and/or final payment from Owner ...
Security of Payment refers to any system designed to ensure that contractors and sub-contractors are paid even in case of dispute. This can involve a system of progress payments, interim arbitration decisions, or a system which legally requires a company to pay an invoice within a set number of days, regardless of whether the company believes they are accurate.
A third approach is to carve out material costs from a withholding requirement on the theory that suppliers, unlike subcontractors, may not accept retainage provisions in their purchase orders. Retainage clauses are usually found within the contract terms outlining the procedure for submitting payment applications.
The language of the bid or offer can impact the court's determination of whether the subcontractor intended for further negotiations to take place, or whether the bid was intended to be an option or unilateral agreement to enter into a contract upon acceptance of the offer.
The payment is calculated at a specific rate for each item such as cubic yard for concrete times quantity put in place. “The contractor quotes an owner a price for a particular task or scope of work, though at the time of contracting the parties may not know the actual number of the units of work to be completed.” [ 14 ] Consequently, the ...
The addition of a new third-party payment provider to the Supplemental Nutrition Assistance Program should be good news for grocers that want to accept digital payments for purchases -- and good ...
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