Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 39 <br /> 19.4 Any Request for Payment received by the Owner's Authorized Representative on or before <br /> the fifth (5th) of the calendar month shall be certified for payment or returned for re-submission <br /> to the Design-Builder on or before the fifteenth (15th) of the calendar month. The Owner's <br /> Authorized Representative's certification shall be for the amount which was requested or that <br /> which the Owner's Authorized Representative has decided was justly due, and shall state in <br /> writing to the Design-Builder and Owner the reasons for withholding payment of any or all of the <br /> amount requested. <br /> 19.5 The Owner's Authorized Representative may fail to certify all or part of any payment <br /> requested for any of the following reasons: <br /> a) Defective Work not corrected. <br /> b) Suits, actions, or claims of any character filed against the Design-Builder, or due to the <br /> operations of the Design-Builder, or information or notice that a suit, action, or claim will be filed <br /> or has been made. <br /> c) Information or notice that a Subcontractor or a supplier has not received payment. <br /> d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment <br /> of the Owner's Authorized Representative. <br /> e) Damage to the Owner or to a consultant or contractor of Owner. <br /> f) Inability of the Design-Builder to meet a Completion Date, including an anticipated failure to <br /> meet a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in <br /> accordance with paragraphs 12.16 and 12.18 hereof. <br /> g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in <br /> accordance with the Submittal Register. <br /> h) Such other reason as to the Owner's Authorized Representative may appear prudent, proper, <br /> or equitable. When grounds for withholding certification have been corrected, the Owner's <br /> Authorized Representative shall so certify to the Owner and the Owner shall make any payment <br /> due with respect to such certification as a part of its next payment after such certification. <br /> 19.6 No certificate issued or progress payment made shall constitute an acceptance of the Work <br /> or any part thereof. <br /> 19.7 The amount certified by the Owner's Authorized Representative for payment shall be <br /> ninety-five percent (95%) of the value of Work completed and materials stored since the <br /> Owner's Authorized Representative's last certification as shown on the Request for Payment, <br /> less any amounts not certified in accordance with paragraph 19.4, and this amount shall be paid <br /> by the Owner on or before the last business day of the month, but payment shall not be past <br /> due until not paid within fifteen (15) days thereafter. <br /> 19.8 After certification by the Owner's Authorized Representative that the Work is fifty percent <br /> (50%) complete, based on a determination that the Design-Builder's gross project invoices, <br /> excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value <br /> Revised 2/17 <br />