STANDARD & NON-STANDARD SUB-CONTRACTS – PAYMENT CLAUSES
SECTION SUMMARY
- Identify Payment Clauses in construction sub-contracts (i.e. Work to be Performed, Conflict between the Prime and Sub Contract, Schedule, Price, Payment Holdbacks, Warranty Holdbacks, Change Orders/Directives, Delays, Claims, Default Notice, Defective Work, Payment of Accounts, Cash Allowances, Application for Payment, Withholding of Payment, Nonconforming Work, Contract Security, Paid When Paid clauses,Certificate of Completion etc.)
- Provide “Roadmap”, in the form of a guide or comparison, to supplied Standard and Non-Standard documents.
The following documents represent “Roadmaps” for subcontractors seeking payment under “Standard Sub-Contracts”:
CCA1 – Stipulated Price Subcontract – NTCCC Guide
Truly the Standard contracts are not subjected to the “Payment Pitfalls” the Non-Standard Sub Contracts are (clearly due to who is modifying them). Standard contracts benefit all parties and do not hide “Payment Weasel” clauses. Comment on ConcensusDOCS is they are the next generation of “fair’ documentation and should be examined in relation to CCA/CCDC documentation.
The following document represents a comparison of “Non-Standard Sub-contracts” of Major GCs (including comparison with CCA L1-1995):
The comparison provides identification of the pitfalls in these Non-standard sub-contracts, with commentary that gives an effective “Roadmap” for subcontractors.