关于分包合同即期付款条款的调查问卷PromptPaymentSurveyver4ppt课件

1、Questionnaire Regarding Subcontractor PromptPayment Provision Prepared by . . . .Cal J. Gendreau, NDDOTGene Wortham, ITDJulie Trunk, FHWAAASHTO Subcommittee on Construction / Contract Administration Task Force AgendanStates respondingnResults of surveynFindingsUS84/285 South Tesuque Interchange New

2、MexicoState Transportation Agencies (STAs) Responding - 35DistrictOfColumbiaPuertoRico1) Do the highway construction projects in your state contain a prompt payment provision for subcontractor work? 233Number of STAsYesNo. . . . If your state has a prompt payment provision, what is the specified tim

3、e in which the prime contractor must pay the subcontractor?1416261330201514107No ResponseNumber of STAsDays2) Does your states prompt payment contract provision contain a mechanism for enforcement to be used in the event a prime contractor withholds money from a subcontractor without good cause?728N

4、umber of STAsYesNo. . . If your states prompt payment provision does contain a mechanism for enforcement, what is it?817132Accumulated Interest*Withholding PaymentOtherN/ANumber of STAs* 1-1/2% /mo. (MN) m2% /mo. (IL). . . . Other“Suspension, reduction or revocation of the contractors prequalificati

5、on rating, the Agency paying the subcontractor directly from the primes retainage” (VT)“Subcontractor may recover funds through other provisions in the law mechanics lien act or public construction bond act” (IL)“Restrict bidding privileges” (IA)“Price adjustments” (SD)“Contractor is required to dep

6、osit disputed amount into interest bearing escrow amount” (NV) 3) Has your state definedgood cause?”296YesNo. . . . If yes, is this definition part of your contract documents?Number of STAs131083YesNoN/ANo ResponseNumber of STAs. . . . What is your definition of “good cause”?“Either not receiving fo

7、rm e-129 back from a subcontractor or documentation in writing that is accepted by the engineer that supports their reason” (WY)“Missing information or other reasons” (UT)4) Does your states prompt payment provision require prior approval be received by the prime contractor from the owner to withhol

8、d payment from a subcontractor for good cause?3275YesNoN/ANumber of STAs5) Does your states prompt payment contract provision require that the prime contractor have a dispute resolution process in place in the event there are disputes with subcontractor?5131YesNoN/ANumber of STAs. . . . If your Stat

9、es prompt payment contract provision does have a dispute resolution process for primes and subcontractors, what is it?122MediationArbitrationCourtProceedingOther0Number of STAs6) If there is a conflict between the prompt payment provision and the subcontract which one takes precedence? 28133Number o

10、f STAsPromptPaymentProvision SubcontractOtherNo Response. . . . Other“Depends on the conflict. If the subcontract states retainage will be withheld the subcontract will take precedence other than that the prompt payment takes precedence” (WY)“Prime/Subcontractor Issue” (MN)“Prompt payment provision

11、is statutory requirement” (NV)7) How does a dispute between a prime contractor and a subcontractor affect the prompt payment special provision? No Response1Other7Prompt payment is still in effect, the prime contractor must still make timely payment to the subcontractor.9Prime contractor can withhold

12、 money pending outcome of the dispute.18*. . . . If your state has become involved in a prompt payment dispute, was the prime contractor withholding payment from the subcontractor after the work had been accepted by the owner?7205YesNoN/ANumber of STAs. . . . Other/Comment*“Prime/Subcontractor Issue

13、” (MN)“State withholds the money in dispute from prime” (WY)“Prime can only withhold for reasonable cause” (IL)“Contractor is required to deposit disputed amount into interest bearing escrow amount” (NV)*A contractor may withhold no more than 150% of disputed amount. If contractor violates this, the

14、 subcontractor shall be paid by the contractor a penalty of 2% per month of the monthly payment amount payment due. (CA)8) Has your state ever become involved in a dispute between a prime contractor and a subcontractor involving prompt payment issues?Yes29No6Number of STAs9) Does your state allow 10

15、0% progress payments (i.e. no retainage) to contractors?YES. . . . If no retainage required, is consent of the surety required?NON/AYES2516Number of STAsYESNO1916Number of STAs10) Does your state require that subcontractors furnish separate performance bonds to the prime contractor?1133YesNoNoRespon

16、seNumber of STAs11) Does your state withhold retainage from the prime contractor?2213YesNoNumber of STAs“We have new specification that the contractor will pay the retainage to the subcontractor once the work has been accepted by the Department” ( FL)Withhold retainage “on state funded projects only

17、” (NC)Retainage is 5% or $50,000 maximum. This amount may be reduced upon request, with satisfactory performance and surety approval. (NV) question #9. . . . Comments12) Does your state have requirements for incremental payment, and full payment upon completion of work for subcontractor work?2510Yes

18、NoNumber of STAs. . . . CommentsOklahomaRequires contractor to release retainage to subcontractors upon acceptance of their work, not completionMarylandThe subcontractor must request full payment upon completion of work. . . . Where are the requirements for full payment upon subcontractors completio

19、n of work outlined? Other2State Statute10Construction Contract Provision17Not Applicable3No Response2. . . . CommentLocated in prompt payment specifications (WY)13) Does your state allow prime contractors to withhold retainage from a subcontractor?827YesNoNumber of STAs. . . . Comments“Only if in th

20、e subcontract agreement” (WY)“ Effective 8-1-05 by law we (are not) allowed to hold retainage from the prime and the prime (is not) allowed to withhold retainage from the subcontractor.” (TN)14) If applicable, does your state limit the amount of retainage a prime contractor can withhold from a subco

21、ntractor?Number of STAs. . . . If your state does limit the amount of retainage a prime can withhold from a subcontractor, where is that limit outlined? Not Applicable3Other0State Statute7Construction Contract Provision8. . . . If your state does limit the amount of retainage a prime can withhold a

22、subcontractor, what is the limit of that retainage?Other4Less than prime contractor1Same as prime contractor7More than prime contractor0Not Applicable5. . . . Others / Comments. . .Cannot withhold retainage from the prime contractor (TN)3% (NC)10% max (AK)5% in Special Provisions (ND)“A prime is not

23、 allowed to hold retainage from a subcontractor” (VT)10 % max (NV)“No retainage on the prime contractor” (SD)Prime cannot withhold retainage from subcontractor (TN)15) Does your state make final acceptance of subcontract work when the subcontract work is complete?241Yes*NoNoResponseNumber of STAs10*

24、 Would consider only upon written request by subcontractor (OK). . . . If your state does make final acceptance of the completed subcontractor work is the prime contractor then relieved of further responsibility for that work?683YesNoNoResponseNumber of STAs. . . . Comments to “No”If damaged by comp

25、letion of remainder of contract. (OK)This depends on whether or not the prime has asked for final acceptance. Regardless whether or not prime has asked for final acceptance we pay for work complete and if this is all the work a subcontractor has to do the contractor is required to make full payment

26、including retainage. ( WY)INDOT has a contract with the prime. To accept the subcontractors work as it is completed, we would need a separate contract with the subcontractor and we are not interest in having that and we accept a contract as a whole not in small parts. (IN)1112YesNoNotSureNumber of S

27、TAs. . . . Would your state consider making final acceptance of subcontract work when that work is complete?0“Dont want to do piece meal acceptance of projects.”“We chose not (to)”“Legal considerations.”“Our contracts are with the prime contractor, the subs work is just a part of the project. We do

28、not accept any work until the entire project is completed.”“The prime is responsible for all the work on the contract until the contract as been finally accepted by the Department.”. . . . If not, why not?. . . . If not, why not?“(STA) has contract with the prime. To accept the subcontractors work a

29、s it is completed, we would need a separate contract with the subcontractor and we are not interested in having that and we accept a contract as a whole not in small parts.”“Would require us to interfere in the prime/sub relationship, to interpret sub documents and to give the sub quasi-contractor s

30、tatus relative to the state.”16) Has your state definedsatisfactory performance?”12311YesNoNoResponse. . . . If yes, is this definition part of your contract documents?Number of STAs638YesNoN/ANumber of STAs. . . . Definitions “A subcontractors work is satisfactorily completed when all of the tasks

31、called for in the subcontract have been accomplished, paid for, and documented in accordance with the contract.” (SD)“Completion of the Project occurs when the Contractor has competed all work required by the Contract and has satisfactorily executed and delivered to the Engineer all documents, certi

32、ficates and proofs of compliance required by the Contract.” (NH)“Satisfactorily completed in full means that the work has been inspected by the Department and is accepted as complete according to the Standard Specifications. Also, all required certifications must be in the field office and accepted

33、before such work is deemed satisfactorily completed in full.” (TN). . . . Definitions “1) the subcontractors work is completed in accordance with the plans and specifications., 2) All required paperwork, including material certifications, payrolls, etc, has been received and reviewed by the Engineer

34、; 3) The subcontractor does not have past due balanced with suppliers for work associated with the project; and 4) And the Engineer has determined the final quantities for the subcontractors portion of the work.” (AK)“(1) Department finds the work completed in accordance with the plans, specificatio

35、ns, (2) any required paperwork, including material certifications and payrolls, etc. have be received and approved and (3) Department has determined the final quantities on the subcontractors portion of the work.” (OK). . . . Definitions “A subcontractors work is satisfactorily completed when all of

36、 the tasks called for in the subcontract have been accomplished, documented in accordance with the contract and paid for on a pay estimate. To be satisfactorily complete a subcontractor must provide all necessary final documentation required in the contract. Final documentation may include, but is not limited to: certified payrolls, materials certification, haul road releases, pit receipts of payment, pit releases, night watchman reports, warrantees, operating manuals, product literature, and verificati