Difference between revisions of "109.08 Prompt Payment"

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<div style="text-align: center;">[mailto:Change?body=http://mdotwiki.state.mi.us/construction/index.php/109.08_Prompt_Payment Email this Page]</div>
 
<div style="text-align: center;">[mailto:Change?body=http://mdotwiki.state.mi.us/construction/index.php/109.08_Prompt_Payment Email this Page]</div>
  
===Alleged Prompt Payment Complaints===
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===[[#Prompt Payment | Prompt Payment]]===
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Federally funded contracts are required to follow federal requirements for prompt payment of subcontractors under [https://www.ecfr.gov/cgi-bin/text-idx?SID=9dc658b4ab9297039dd46123f40ca39f&mc=true&node=se49.1.26_129&rgn=div8 CFR 49 26.29]  For MDOT let projects the prompt pay requirements and procedures are detailed in [https://mdotcf.state.mi.us/public/dessssp/spss_source/12SP-109A-03.pdf 12SP-109A-03]. 
  
The following flow chart should be used to resolve alleged prompt payment complaints.  Alleged complaints can come to the engineer’s attention by means of a lien notice to a bond company, email, discussion at a progress meeting, or other channels.  The engineer is to request the complainant follow up with a detailed written notice (correspondence or email) to the alleged party.  The written notice is to include the engineer and the prime contractor if the prime contractor is not the alleged party.  Additional support is available by contacting the MDOT CFS Prompt Pay Specialist.
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Once subcontracted work is accepted by the Engineer and the work has been paid for, the Contractor is required to make downline payments to all subcontractors and suppliers within the timeframes set by the special provision. 
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If a subcontractor makes a claim to the engineer that they have not been paid within the required timeframes, then the Engineer shall follow the procedures for [http://mdotwiki.state.mi.us/construction/index.php/109.08_Prompt_Payment#Alleged_Prompt_Payment_Complaints Alleged Prompt Payment Complaints].
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Additional information on prompt payment:
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* [//{{SERVERNAME}}/images_construction/7/7c/MERS_2020_User_Guide.pdf MERS 2020 User Guide]
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* [https://mdotcf.state.mi.us/public/webforms/public/2124A.pdf 2124A Form: Prime Contractor Bi-Weekly Statement of Subcontractor/Supplier Payments]
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===[[#Alleged Prompt Payment Complaints | Alleged Prompt Payment Complaints]]===
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The following flow chart should be used to resolve alleged prompt payment complaints.  Alleged complaints can come to the engineer’s attention by means of a lien notice to a bond company, email, discussion at a progress meeting, or other channels.  The engineer is to request the complainant follow up with a detailed written notice (correspondence or email) to the alleged party.  The written notice is to include the engineer and the prime contractor if the prime contractor is not the alleged party.  Additional support is available by contacting the Construction Field Services Prompt Payment Specialist at 517-202-3716.
  
  

Latest revision as of 11:57, 22 March 2021

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Prompt Payment

Federally funded contracts are required to follow federal requirements for prompt payment of subcontractors under CFR 49 26.29 For MDOT let projects the prompt pay requirements and procedures are detailed in 12SP-109A-03.


Once subcontracted work is accepted by the Engineer and the work has been paid for, the Contractor is required to make downline payments to all subcontractors and suppliers within the timeframes set by the special provision.


If a subcontractor makes a claim to the engineer that they have not been paid within the required timeframes, then the Engineer shall follow the procedures for Alleged Prompt Payment Complaints.


Additional information on prompt payment:

Alleged Prompt Payment Complaints

The following flow chart should be used to resolve alleged prompt payment complaints. Alleged complaints can come to the engineer’s attention by means of a lien notice to a bond company, email, discussion at a progress meeting, or other channels. The engineer is to request the complainant follow up with a detailed written notice (correspondence or email) to the alleged party. The written notice is to include the engineer and the prime contractor if the prime contractor is not the alleged party. Additional support is available by contacting the Construction Field Services Prompt Payment Specialist at 517-202-3716.


(Click image below to open)

File:CMU 109.08 PPSP FlowChart 04-15-2020.pdf


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