Orange County NC Website
Browse       Search
EJCDC® C-615, Payment Bond. <br />Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. <br />Page 4 of 4 <br />16.1.5. The date on which the Claimant last performed labor or last furnished materials or <br />equipment for use in the performance of the Construction Contract; <br />16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished <br />as of the date of the Claim; <br />16.1.7. The total amount of previous payments received by the Claimant; and <br />16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment <br />furnished as of the date of the Claim. <br />16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a <br />subcontractor of the Contractor to furnish labor, materials, or equipment for use in the <br />performance of the Construction Contract. The term Claimant also includes any individual or <br />entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute <br />against the real property upon which the Project is located. The intent of this Bond is to include <br />without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, <br />power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction <br />Contract, architectural and engineering services required for performance of the work of the <br />Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien <br />may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. <br />16.3. Construction Contract—The agreement between the Owner and Contractor identified on the <br />cover page, including all Contract Documents and all changes made to the agreement and the <br />Contract Documents. <br />16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the <br />Contractor as required under the Construction Contract or to perform and complete or comply <br />with the other material terms of the Construction Contract. <br />16.5. Contract Documents—All the documents that comprise the agreement between the Owner and <br />Contractor. <br />17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor <br />in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. <br />18. Modifications to this Bond are as follows: None. <br />DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED