1−95 Note : Where documentation, payment for equipment, and/or cost substantiation is specified, the Contractor shall adhere to the requirements in Section 109.04 of these Specifications. Payment for costs submitted fo r reimbursement will be made only to the extent that the requirements of Section 109.04 are met to the satisfaction of the Engineer.
c.Waiver of Liability . The parties agree that, in any adjustment for delay costs, the Department will have no liability for the following items of damages or expense:
1.Profit in excess of that provided herein;
2.Loss of profit;
3.Labor inefficiencies;
4.Home office overhead in excess of that provided herein;
5.Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency;
6.Indirect costs or expenses of any nature;
7.Attorneys fees, claims preparation expenses or costs of litigation.
109.11 PROMPT PAYMENT PROCEDURES . In accordance with Title 42, Chapter 11.1-1 of
the General Laws, all invoice vouchers submitted by the Contractor will be paid within thirty (30) days, provided however, that according to 42-11. 1-5(B)2, the thirty (30) day period will not commence until the Department has reviewed and accepted all invoice documentation in its proper and approved form.
109.12 SUBCONTRACTOR PROMPT PAYMENT . The Prime Contractor shall make prompt
payment for satisfactory subcontract work for which the Department has made partial or full payment. The term “Subcontractor” as used herein, is defined in Subsection 101.70; Subcontractor . When a Subcontractor has not received payment for work paid to the Prime Contractor within 30-days from receipt of the actual check by the Prime Contractor from the State, a formal complaint may be filed under the following procedures:
a.The Subcontractor will send written notification to the Department, including contract item numbers, date work performed, a copy of t he invoice(s) from the Subcontractor to the Prime, and a copy of the Progress Payment w here payment to the Prime Contractor was included. The latter item may be obtained from the Department’s field supervisor or Construction Office. If the Subcontractor has not provided a payment/performance bond for this work to the contractor, then the formal complaint must also include verification that all suppliers and other debts on these items have been paid or documented reasons for non-payment acceptable by the Department. Failure to provide this verification will be considered “good cause” for postponement of payment by the Prime Contractor.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 109–109 of 826.