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2005-263
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2005-263
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Last modified
7/29/2016 11:06:31 AM
Creation date
9/30/2015 9:00:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/02/2005
Control Number
2005-263
Agenda Item Number
11.C.1
Entity Name
Chilberg Construction
Subject
Supervisor of Elections,Buildings and Grounds, Animal Control
Supplemental fields
SmeadsoftID
5112
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payment request or invoice and the action necessary to make the payment request or invoice <br /> proper . <br /> ( 3 ) If a payment request or an invoice is rejected under subsection (2 ) and the contractor <br /> submits a corrected payment request or invoice which corrects the deficiency specified in writing <br /> by the local governmental entity , the corrected payment request or invoice must be paid or <br /> rejected on the later of: <br /> ( a ) Ten business days after the date the corrected payment request or invoice is stamped as <br /> received as provided in s . 218 . 74 ( 1 ) ; or <br /> ( b ) If the governing body is required by ordinance , charter , or other law to approve or reject <br /> the corrected payment request or invoice , the first business day after the next regularly scheduled <br /> meeting of the governing body held after the corrected payment request or invoice is stamped as <br /> received as provided in s . 218 . 74 ( 1 ) . <br /> (4 ) If a dispute between the local governmental entity and the contractor cannot be resolved <br /> by the procedure in subsection ( 3 ) , the dispute must be resolved in accordance with the dispute <br /> resolution procedure prescribed in the construction contract or in any applicable ordinance . In the <br /> absence of a prescribed procedure , the dispute must be resolved by the procedure specified in s . <br /> 218 . 76 ( 2 ) . <br /> ( 5 ) If a local governmental entity disputes a portion of a payment request or an invoice , the <br /> undisputed portion shall be paid timely , in accordance with subsection ( 1 ) . <br /> (6 ) When a contractor receives payment from a local governmental entity for labor, services , <br /> or materials furnished by subcontractors and suppliers hired by the contractor , the contractor shall <br /> remit payment due to those subcontractors and suppliers within 15 days after the contractor' s <br /> receipt of payment. When a subcontractor receives payment from a contractor for labor , services , <br /> or materials furnished by subcontractors and suppliers hired by the subcontractor , the <br /> subcontractor shall remit payment due to those subcontractors and suppliers within 15 days after <br /> the subcontractor' s receipt of payment. Nothing herein shall prohibit a contractor or subcontractor <br /> from disputing , pursuant to the terms of the relevant contract, all or any portion of a payment <br /> alleged to be due to another party . In the event of such a dispute , the contractor or subcontractor <br /> may withhold the disputed portion of any such payment if the contractor or subcontractor notifies <br /> the party whose payment is disputed , in writing , of the amount in dispute and the actions required <br /> to cure the dispute . The contractor or subcontractor must pay all undisputed amounts due within <br /> the time limits imposed by this section . <br /> ( 7 ) All payments due under this section and not made within the time periods specified by this <br /> section shall bear interest at the rate of 1 percent per month , or the rate specified by contract , <br /> whichever is greater. <br /> History .—s . 3 , ch . 95-331 ; s . 31 ch . 2001 - 169 . <br /> 218 . 74 Procedures for calculation of payment due dates .— <br /> ( 1 ) Each local governmental entity shall establish procedures whereby each payment request <br /> or invoice received by the local governmental entity is marked as received on the date on which it <br /> is delivered to an agent or employee of the local governmental entity or of a facility or office of the <br /> local governmental entity . <br /> ( 2 ) The payment due date for a local governmental entity for the purchase of goods or <br /> services other than construction services is 45 days after the date specified in s . 218 . 73 . The <br /> payment due date for the purchase of construction services is specified in s . 218 . 735 . <br /> ( 3 ) If the terms under which a purchase is made allow for partial deliveries and a payment <br /> request or proper invoice is submitted for a partial delivery , the time for payment for the partial <br /> delivery must be calculated from the time of the partial delivery and the submission of the <br />
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