Orange County NC Website
Browse       Search
However, if approved by the CM, and with permission in writing from the Designer and <br />Owner and under such circumstances as may be required by the CM and the Owner, such <br />materials may be stored in a bonded warehouse. Requests for Payment on account of <br />stored materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, <br />or other documentary evidence establishing Owner's title to such materials, evidence that <br />the stored materials are insured against lass and damage, and such other documentation <br />as required by the CM. Responsibility for the quantity, quality, and condition of such stored <br />materials, whether stored on the Owner's property or away from the Owner's property, shall <br />remain with the Contractor regardless of ownership or title. No payment shall be made on <br />account of materials stored in a bonded warehouse unless the Contractor has acquired <br />written permission from the CM and the Owner for such storage of materials and has <br />complied with all conditions set forth in such permission regarding such storage of <br />materials in a bonded warehouse. <br />20.4 Any Request for Payment received by the CM on or before the fifth {5th) day of the <br />calendar month shall be certified for payment or returned for re-submission to the <br />Contractor on or before the fifteenth (15th) day of the calendar month. The CM's <br />certification shall be for the amount which was requested or that which the CM has decided <br />was justly due, and shall state in writing to the Contractor and Owner the reasons for <br />withholding payment of any or all of the amount requested. <br />20.5 The CM may refuse to certify all or part of any payment requested for any of the following <br />reasons: <br />a) Refusal by the Designer to certify or the Owner to pay a payment application by the <br />CM for Work by the Contractor. <br />b) Defective Work not corrected. <br />c) Suits, actions, or claims of any character filed against the Contractor, or due to the <br />operations of the Contractor, or information or notice that a suit, action, or claim will <br />be filed or has been made. <br />d) Information or notice that a Subcontractor or a supplier has not received payment <br />from the Contractor. <br />e) The balance unpaid of the Contract Price is insufficient to complete the Work in the <br />judgment of the CM. <br />Damage to the CM, the Owner or another contractor. <br />g) Inability of the Contractor to meet a Completion Date, including an anticipated <br />failure to meet a Completion Date entitling the CM to withhold anticipated damages <br />in accordance with paragraphs 13.11 and 13.12 of these General Conditions. <br />h) Failure to furnish Submittal as required by the Contract Documents on a timely <br />basis in accordance with the Submittal Register. <br />i) Such other reason as to the CM may appear prudent, proper, or equitable. <br />When grounds for withholding certification have been corrected or removed, the CM shall <br />make any payment due with respect to such certification as a part of its next payment after <br />such certification. <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 36 of 43 JUNE 2007 EDITION <br />