9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 48 McGRANAHAN ARCHITECTS GENERAL CONDITIONS 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with Subcontractors, require each Subcontractor to make payments to Sub - subcontractors in similar manner. If the Contractor does not receive payment for any cause which is not the fault of a particular Subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after which such payment to the Contractor would have been made, for its work to the extent completed, less the retained percentage. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work. 9.7 LITIGATION DELAY COSTS 9.7.1 In the event of delays primarily due to litigation, which qualifies under RCW 60.28.080, the parties hereto agree that the reasonable costs of such litigation delay shall consist only of the following: .1 Actual and necessary direct costs to the Contractor directly attributable to the period of delay for wages, wage taxes and labor costs other than wages; provided, that such costs could not be otherwise avoided by layoffs or employment on other projects during the period of delay. The wage rates shall not exceed those listed on the Contractor's "Statement of Intent to Pay Prevailing Wages on Public Works Contract" as approved by the Industrial Statistician of the State of Washington. .2 Additional and necessary direct costs for materials and equipment rentals actually incurred and paid by the Contractor directly attributable to the period of delay. .3 Actual equipment standby costs established by rental agreements or, if Contractor owned, by the lowest rate utilized by The Contractor for purposes of its project accounting. .4 Additional and necessary direct costs of insurance premiums and bonds actually incurred and paid by the Contractor directly attributable to the period of delay. .5 Additional and necessary costs for subcontracts actually incurred and paid by the Contractor directly attributable to the period of delay; provided, that such additional costs could not be avoided by cancellation or renegotiation of such subcontracts. mcg-ARC 2120.000 February 28, 2023