Orange County NC Website
ARTICLE 5 <br /> PROGRESS PAYMENTS <br /> 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the <br /> Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and <br /> elsewhere in the Contract Documents. <br /> 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as <br /> follows: <br /> 5.3 Provided an Application for Payment is received by the Architect not later than the 15th <br /> day of a month,the Owner shall make payment to the Contractor not later than <br /> the 15th day of the followingnionth. If an Application for Payment is received by the <br /> Architect after the application date fixed above, payment shall be made by the Owner not later than <br /> days after the Architect receives the Application for Payment. <br /> 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with <br /> the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work <br /> and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This Schedule, <br /> unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. <br /> 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period <br /> covered by the Application for Payment. <br /> 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: <br /> 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage <br /> completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the <br /> Schedule of Values, less retainage of TEN percent <br /> ( TO, %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be <br /> included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by <br /> Change Order; <br /> 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the <br /> site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the <br /> site at a location agreed upon in writing),less retainage of TEN <br /> percent( 10 %); <br /> 5.6.3 Subtract the aggregate of previous payments made by the Owner; and <br /> 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- <br /> graph 9.5 of the General Conditions. <br /> 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following <br /> circumstances: <br /> 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to NINETY <br /> percent( 90 %)of the Contract <br /> Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and <br /> 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional <br /> amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. <br /> 5.8 Reduction or limitation of retainage, if any, shall be as follows: <br /> (1f it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting frv)m the percentages inserted in Subpara- <br /> graphs 5.6.1 and 5.6.2 above, and this is not explained elseubere in the Contract Documents, insert bere prot•tstons for sucb reduction or limitation.) <br /> AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION- AIA'� - 0198" <br /> THE AkIERICAN INSTITUTE OF ARCHITECTS. 171t NEW YORK AVENUE,N.W..WASHINGTON.DC.2(NNX1 A101-1987 4 <br />