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 2nd day of the month and approved <br />by the owner not later than the 10th day of a month, the Owner shall make payment tp the Contractor not later than <br />the 30th day of the same month. If an Application for Payment is received by the <br />Architect after the application date faced above, payment shall be made by the Owner not later than the 30th day of the <br />following month 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 schedule <br />of values, less retainage of Ten ~ percent <br />( 10 %). Pending final deternnination of cost to the Owner of changes in the Work, amounts not in the dispute maybe <br />included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted <br />by 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: As allowed by the contract documents <br />5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to <br />Ninety ~ 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 />(/j If is iutcnded, prtur to Substantfa! Completion of fbe enure Work, to reduce or limit !be reta/Wage resuUtng from the perccmtages inserted in Subpara- <br />graphs 5. (i. I and S.G.2 aburr, dud tbts is nut explained elsewbere•tn the Contract Documents, Insert here provisions jor such reduction ur ttmttatton.) <br />As noted herein. <br />AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AtA~ • ©1987 <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101~1987 4 <br />WGiaNiN(:• I InNrw~n•Kt nhntnrnnvlnn viniwtww 11 S rnnvrlnht iwww wnA iw w~~h1oM. to Iwnwl nm+cor+Nlnn <br />