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2005-289
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2005-289
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Last modified
8/1/2016 2:10:40 PM
Creation date
9/30/2015 9:03:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
08/23/2005
Control Number
2005-289
Agenda Item Number
11.C.2
Entity Name
Turner Construction
Subject
Amendment No. 2 - Guaranteed Maximum Price
Area
New County Administration Complex
Supplemental fields
SmeadsoftID
5140
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subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to <br /> those subcontractors and suppliers within 7 days after the subcontractor's receipt of payment. Nothing <br /> herein shall prohibit a contractor or subcontractor from disputing , pursuant to the terms of the relevant <br /> contract, all or any portion of a payment alleged to be due to another party if the contractor or <br /> subcontractor notifies the party whose payment is disputed , in writing , of the amount in dispute and the <br /> actions required to cure the dispute . The contractor or subcontractor must pay all undisputed amounts <br /> due within the time limits imposed by this section . <br /> (7) ( a) Each contract for construction services between a local governmental entity and a contractor must <br /> provide for the development of a list of items required to render complete , satisfactory , and acceptable <br /> the construction services purchased by the local governmental entity. The contract must specify the <br /> process for the development of the list, including responsibilities of the local governmental entity and the <br /> contractor in developing and reviewing the list and a reasonable time for developing the list, as follows : <br /> 1 . For construction projects having an estimated cost of less than $ 10 million , within 30 calendar days <br /> after reaching substantial completion of the construction services purchased as defined in the contract, <br /> or, if not defined in the contract, upon reaching beneficial occupancy or use ; or <br /> 2 . For construction projects having an estimated cost of $ 10 million or more , within 30 calendar days , <br /> unless otherwise extended by contract not to exceed 60 calendar days , after reaching substantial <br /> completion of the construction services purchased as defined in the contract, or, if not defined in the <br /> contract, upon reaching beneficial occupancy or use . <br /> ( b) If the contract between the local governmental entity and the contractor relates to the purchase of <br /> construction services on more than one building or structure , or involves a multiphased project, the <br /> contract must provide for the development of a list of items required to render complete , satisfactory, and <br /> acceptable all the construction services purchased pursuant to the contract for each building , structure , or <br /> phase of the project within the time limitations provided in paragraph (a) . <br /> (c) The failure to include any corrective work or pending items not yet completed on the list developed <br /> pursuant to this subsection does not alter the responsibility of the contractor to complete all the <br /> construction services purchased pursuant to the contract. <br /> (d ) Upon completion of all items on the list , the contractor may submit a payment request for all <br /> remaining retainage withheld by the local governmental entity pursuant to this section . If a good faith <br /> dispute exists as to whether one or more items identified on the list have been completed pursuant to the <br /> contract, the local governmental entity may continue to withhold an amount not to exceed 150 percent of <br /> the total costs to complete such items . <br /> 5 <br />
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