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Brady Environmental Services, Inc. <br />3.2.2 Retainage of 10 percent (10%) of the sums due hereunder shall be <br />withheld until completion and acceptance of all work to be performed <br />under the contract. <br />3.2.3 In the event the owner believes any of the conditions listed below warrant <br />such action, the owner may withhold from monthly progress payments due <br />hereunder sums deemed necessary to protect the owner from any losses on <br />account of: (i) Defective work not remedied, (ii) Failure of the contractor <br />to pay bills for labor and/or materials furnished in connection with the <br />contract work, (iii) Inability of contractor to complete the contract work <br />for the unpaid contract balance; (iv) Failure of the contractor to diligently <br />prosecute the contract work such that damages for delay are likely, (v) <br />Damages to another subcontractor, or (vi) Breach by the contractor of any <br />provision or obligation of this agreement. <br />3.2.4 The contractor agrees that any joint check payments to the contractor and <br />any of contractor's materialmen or subcontractors shall constitute payment <br />for the full amount of such joint check to the contractor made in this <br />agreement. <br />3.2.5 In the event owner receives notice of a lien claim or bond claim by <br />contractor's materialmen, subcontractors or laborer, owner may, at <br />owner's option, directly pay any such claimant. Any such direct payment <br />to a claimant and any expenses in process such claim and payment shall be <br />deducted from the contract price and from any payments due to contractor. <br />Contractor further agrees that owner will occur substantial additional costs <br />and expenses in administration of claims when a notice is received, that <br />such costs would be difficult to ascertain, that the sum of $100.00 would <br />be a reasonable and just compensation to owner for each notice received, <br />and that $100.00 for each notice should be deducted from the contract <br />Price and .from any payments due to contractor, as liquidated damages far <br />such administration. <br />3 3- REQUIRED SUPPORTING DOCUMENTATION All invoices for costs incurred in <br />the performance of the work completed, including materials, eyuipment and machinery <br />used, shall include supporting documentation to verify charges billed. Separate invoices <br />shall be prepared for all extra or additional work authorized by the owner and shall <br />include any supporting documentation necessary to verify the charges billed. <br />3.4 - PAYMENTS If work to be performed under a particular purchase order exceeds <br />forty-five (45) days to complete, the contractor shall submit an invoice once a month for <br />work performed the previous month. The owner shall pay contractor ninety percent <br />(90%) of the properly approved month invoice within thirty (30) days from receipt of said <br />month invoice. <br />13 of 17 <br />'w 000200 <br />