Payment

Question 1

Performance certificates

Answer 1

Evaluate work that has been done and put a figure on it to say “this is what is owed for work done thus far”

Question 2

Certificates

Answer 2

Hire third party to issue certificates for payment/performance

Question 3

Interim payment certificate

Answer 3

• Allow contractor to be paid as work progresses

- Subject to adjustment

Question 4

Final Payment Certificates

Answer 4

• Bind parties even if error, unless unfair to contractor

- Owners obliged to pay what is certified

Question 5

Amount certified for payment

Answer 5

Must calculate according to contract and what it says to consider

Question 6

Common law deductions from progress payments

Answer 6

• Holdbacks

- Deductions for defective work

Question 7

Renumeration

Answer 7

• Money paid for work and service

- Contract specifies type, amount, and timing

Question 8

Entire vs partial completion

Answer 8

• Payment timing consideration
• If entire doctrine of substantial performance relaxes that
• unjust enrichment: pay for work done

Question 9

Pay when paid clauses

Answer 9

• Clauses saying subcontractor is not entitled to payment until and only to the extent that the contractor is paid by the owner
• Must be very clear and specific
• Not when default caused by contractor

Question 10

Statutory Declaration

Answer 10

Saying that all contractors and subs have been paid (all people beneath you)