Orange County NC Website
ARTICLE 5 <br />PROGRESS PAYMENTS <br />5.1 BXWd upon Application> for f'a� m nt �uhllliticcl to the ArclliteCt h� [he Conu-acu,r and l.< rtiti(:ates for I'ay'nlenl issue CI by ill <br />id <br />Architect, the 0XV11cr shall n+akc pn, riti paytltents on account of the Cnnuact tiunl to the (:onu'actor as provided below at <br />elsewhere in the (:0Ijtrac1 DOCLIt lc:uS. <br />5.2 •I'he periud �ocercd hV c:tih -- "pplicalion lot f'ayrncnt, hall he cmc ealencLtr nwnth circling on the. Ia5[ clay of the nlun[h, or :ts <br />follows: <br />The Progress Payffent Date shall be the 25th of each month. <br />5.3 Provided an Application for Payment is received by the Architect not later than the first <br />day of a month, the Owner shall make payment to the Contractor not later than <br />the fifteenth clay of the saire month. if an Application for Payment is received by the <br />Architect after the application elate fixed abuve, payment shall be I —.Idc 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 DoCI- 11171e1ts. 'rhe schedule of ValueS Shall ;+Ilocate dle entire Contract Sum :among the various portions of the Work <br />and be prepared in such form and supported by such data to subsc1116A e its accuracy' : +s the Architect may require. This Schedule_, <br />unless objected to by the Architect, shall be used as :a l..)asis for reviewing the Conuactor's Applications for Payment, <br />5.5 .applications for PaymenI shall indicate the percentage of completion of e'. ich portion of the Work as of the end of the period <br />covered by the Application for Payment. <br />5.6 Subject to the prolrisions of the Contract Documents, the anr(nlnt at each pru;nress Payment shall he c+anlputed as rolio«'ti: <br />5.6.1 Take that portion of the Contract Stun properly allocable to completed Work as determined by multiplying the percentage <br />completion of each portion of the Work by the share of the tota: Conti-ac[ Sum allocated to that portion of the Work in the <br />Schedule of Valdes, less retainage of teen percent <br />( 10 %). Pending final determination of cost to the o%vller of changes in the Work. amounts not in dispute may be <br />included :ts provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusli -d by <br />Change Order; <br />5.6.2 Add that portion of the Contract Sum properly allocable to materials :tnd 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 'rhe progress payment al"Ount 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 <br />One Hundred percent ( 1-00 %) 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 />5.6 Reduction or limitation of retainage, if any, shall be as follows: <br />(if it is intended, prier l0 5rrhsronlinr C(rrn/rletinn of The c•rrrire N "irk, ru rc•dnic• ur• limit file rernirnrge residling Jr•nm rlrr per•cenlagces inserted ire Sedlpara- <br />lerrrpbs i.(.! crud i -G.? edNrrr, roar rlri -� is Pilot c� /rrrI e(r erserrlr,•,c• ill rbr Currnucr puuurrcurs, insert Ber-e prnrisinnsJ7rr.errclr rer4rrlinrr ('r-rinritalinrr.) <br />AIA DOGUARENT A101 • OWNER- CON'IRAC:TOR AGREEMENT • TWEi.1 "11I EDITION • AIA" 1987 A101 ^1987 4 <br />THE AMERICAN INSTITUTE OF ARtairrECTS, 1735 NEW YORK AVENUE, NW. WASHINGTON. D.C. ZCN,K7< <br />