1. (1) Request for progress payments. Each month the Contractor shall submit to the Contracting Agency its Written request for a progress payment based upon an estimated percentage of Contract completion. At the Contracting Agency's discretion, this request may also include the value of material to be incorporated in the completed Work that has been delivered to the premises and appropriately stored. The sum of these estimates is referred to as the "value of completed Work." With these estimates as a base, the Contracting Agency will make a progress payment to the Contractor, which shall be equal to:

   1. (a) The value of completed Work;
   2. (b) Less those amounts that have been previously paid;
   3. (c) Less other amounts that may be deductible or owing and due to the Contracting Agency for any cause; and
   4. (d) Less the appropriate amount of retainage.
2. (2) Progress payments do not mean acceptance of Work. Progress payments shall not be construed as an acceptance or approval of any part of the Work, and shall not relieve the Contractor of responsibility for defective workmanship or material.

Statutory/Other Authority

ORS 279A.065

Statutes/Other Implemented

ORS 279C.570

History

DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05