1. (1) Progress payments. Each month ODOT shall make a progress payment based upon an estimated percentage of the Contract Work completed. Progress payments will not be made for less than $1,000 in any given month unless requested by the Contractor. At ODOT'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, ODOT will make a progress payment to the Contractor, which shall be equal to the value of completed Work:

   1. (a) Less those amounts that have been previously paid;
   2. (b) Less other amounts that may be deductible or owing and due to ODOT for any cause; and
   3. (c) 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 184.616, 184.619, 279A.065 & 279A.050

Statutes/Other Implemented

ORS 279C.570

History

DOT 1-2022, renumbered from 731-007-0300, filed 01/13/2022, effective 01/13/2022
DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05