Payment Terms (Net 10 & Net 30)
The standard payment time for Elevated Design & Construction is Net 30. Requests for expedited payment remittance (Net 10) will incur a rapid payment fee of 2% of the total invoice amount.
Payment ID
All contracts will contain a Payment ID that is specific to the scope of work to be completed.
Liquidated Damages
Please review contract for a new clause regarding the assessment of liquidated damages to subcontractors if delays to the completion of the project are caused by the acts or omissions of the subcontractor. A sample of this added clause is provided below:
PASS-THROUGH AND LIQUIDATION OF CLAIMS
If any dispute between CONTRACTOR and SUBCONTRACTOR arises out of the Contract Documents or any action of the Owner/Architect/Engineer, SUBCONTRACTOR is bound to CONTRACTOR to the same extent that CONTRACTOR is bound to Owner, by the terms of the Contract Documents, and by any and all preliminary and final decisions or determinations made in any such action.
If any such dispute arises out of, without limitation, changed work, extra work, active interference by the Owner and its professionals, unforeseen site conditions, delays, errors and omissions in the Plans, or fraudulent/negligent misrepresentation by the Owner/Architect/Engineer, SUBCONTRACTOR will comply with all provisions of the Contract Documents allowing a reasonable time for CONTRACTOR to analyze and forward to Owner any required correspondence communications or documentation.
If CONTRACTOR determines that a valid basis exists for SUBCONTRACTOR’s claim, CONTRACTOR may, at its option and sole discretion: (1) present the claim to the Owner in CONTRACTOR’s name; or (2) authorize SUBCONTRACTOR to present their claims to the Owner in CONTRACTOR’s name to the same extent that CONTRACTOR is permitted to do so by the terms of the Owner-Contractor agreement. If such a dispute is prosecuted or defended by CONTRACTOR against Owner under the terms of the Owner-Contractor agreement, or in court action, SUBCONTRACTOR agrees to furnish all documents, statements, witnesses, and other information required by CONTRACTOR for such purpose and will bear the full cost of and sole responsibility for prosecuting such action. If CONTRACTOR is bringing a concurrent claim against the Owner/Architect/Engineer, CONTRACTOR shall have the absolute discretion to sponsor SUBCONTRACTOR’s claim within its own claim and SUBCONTRACTOR shall pay a pro-rata portion of attorney’s fees and costs for presentation of said claims. CONTRACTOR is only liable to SUBCONTRACTOR to the extent of CONTRACTOR’s actual recovery and successful collection from the
Owner for each claim or extra, less CONTRACTOR’s cost associated with pursuing the claim or extra; with said recovery being an absolute condition precedent to recovery by SUBCONTRACTOR.
CONTRACTOR is under no obligation to passthrough SUBCONTRACTOR’s claim, and furthermore, SUBCONTRACTOR fully releases CONTRACTOR of any and all liability associated with the claim(s), and agrees to indemnify, defend, and hold harmless CONTRACTOR for any damages, attorney’s fees, costs, or other losses associated with or incurred by CONTRACTOR as a result of sponsoring, passing through, or failing to sponsor or pass-through SUBCONTRACTOR’s claim(s). In the event CONTRACTOR elects to
pass-through SUBCONTRACTOR’s claim, CONTRACTOR shall provide SUBCONTRACTOR with a limited assignment of rights under the Owner-Contractor agreement to pursue said claim without the involvement of CONTRACTOR.
LIQUIDATED DAMAGES FOR DELAY
SUBCONTRACTOR represents that it has satisfied itself as to any provision in the Contract Documents concerning liquidated damages and agrees that if CONTRACTOR is assessed liquidated damages by Owner as the result, in whole or in part, of any act or omission of SUBCONTRACTOR, then CONTRACTOR is entitled to recover the same from SUBCONTRACTOR and may withhold payment, or portions thereof, otherwise due to SUBCONTRACTOR.
In addition, SUBCONTRACTOR agrees to reimburse CONTRACTOR for any loss or damage, including damages that may become due to Owner, under the Contract Documents and for any extra expenses incurred by CONTRACTOR that result from SUBCONTRACTOR’s failure to timely deliver any and all materials or SUBCONTRACTOR’s failure to timely perform any and all Work to CONTRACTOR’s and Owner's and architect’s satisfaction.