9. 付款
A. 施工分期付款 – 基于承包商根据一般条款的要求提交的付款申请和业主和/或建筑师批准的付款证明,业主应当按照合同条款的规定向承包商分期付款。付款申请应当包含针对上个月的承包商付款宣誓书(附件8-1)的原件和分包商和材料/设备卖方出具的分包商/卖方付款宣誓书(附件8-2)的原件。
B. 最终付款 – 最终付款,合同总额未支付的全部余额应当由业主支付给承包商,当:(1) 承包商已经完全履行了施工合同,除了根据一般条款第9.9.1段的规定由承包商负责的修正工作。承包商应当在提交最终付款申请时同时提交承包商最终付款宣誓书(附件8-1.1)的原件。
C. 抵消权 – 除了法律规定的抵消权之外,所有承包商到期应付的款项都被看做是承包商对业主或其子公司的欠款净额,业主可以从承包商对业主或其子公司的到期欠款或即将到期欠款中扣除任何数额的款项,或从业主对承包商的到期或即将到期欠款中扣除任何数额的款项。
华译网上海翻译公司曾经翻译过大量有关施工合同的付款资料文件。
Beijing Chinese Subtitling Translation Service Agency has translated many technical documents about Construction contract payment.
9. PAYMENTS
A. Progress Payments – Based upon Applications for Payment submitted by the Contractor in accordance with the requirements of the General Conditions and Certificates for Payment approved by the Owner and/or Architect, the Owner shall make progress payments to the Contractor as provided in the Contract Documents. Each Application for Payment shall include an executed original of Contractor’s Affidavit for Payment as attached in Exhibit H-1 and an executed original of Subcontractor/Vendor Affidavit for Payment as attached in Exhibit H-2 from every subcontractor and material/equipment vendor for the month preceding the current Application for Payment.
B. Final Payment – Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: (i) the Contractor has fully performed the Construction Contract except for the Contractor’s responsibility to correct Work as provided in Section 9.9.1 of the General Conditions; and (ii) a final Certificate for Payment has been issued by the Owner and/or Architect. Contractor shall submit with its Application for Final Payment an executed original of Contractor’s Affidavit for Final Payment Exhibit H-1.1.
C. Right of Offset – In addition to any right of setoff provided by law, all amounts due Contractor shall be considered net of indebtedness of Contractor to Owner and its respective subsidiaries, and Owner may deduct any amounts due or to become due from Contractor to Owner and its subsidiaries from any sums due or to become due from Owner to Contractor.