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In the complex and regimented world of construction projects, the flow of funds between parties is governed by detailed documentation, of which the Construction Request Payment form is a pivotal component. This document, central to the financial interactions between subcontractors and general contractors, such as Allstate Construction, Inc., facilitates a formal request for payment for completed work. It delineates the original contract amount, adjustments via approved change orders, the resultant adjusted contract amount, value completed to date, and details of retainage, thereby determining the total due less any previous requests. The form serves not just as a request but also as a waiver of lien by the subcontractor for amounts previously received or being requested, thereby ensuring that all parties are transparent about the financial aspects of the project and protecting against unforeseen liens on the property. Additionally, it carries declarations by the subcontractor regarding the payment for all materials, labor, and services up to the date of the request, and it includes an indemnity clause designed to protect the general contractor from costs associated with the satisfaction of any potential liens. The form, culminating in a certification subject to notarization, is a testament to the intricate balance between trust and legal assurance required in construction projects, demonstrating the nuanced interplay of law, finance, and operations in the construction industry.

Construction Request Payment Example

SUBCONTRACTOR’S REQUEST FOR PAYMENT

TO:

Allstate Construction, Inc.

 

 

 

 

FROM:

 

 

 

 

 

 

 

 

 

 

PROJECT:

 

 

 

 

 

 

CONTRACT NO.:

Payment Request No.

 

 

 

To

 

Original Contract Amount

$

 

Approved Change Order(s) No. 1 to

 

 

$

 

Adjusted Contract Amount

$

 

Value Completed to Date

$

 

Less Retainage

 

10 %

 

 

 

$

 

 

 

 

 

 

Total Less Retainage

$

 

Less Previous Requests

$

 

Amount of This Request for Payment

$

 

State of:

County of:

The Undersigned, for and in consideration of payments previously received from Allstate Construction, Inc. and other good and valuable consideration, and in order to induce the above mentioned payment, does hereby waive, release, remise and relinquish the undersigned’s right to claim, demand or impose any lien or liens for work done or materials furnished or any other kind or class of lien whatsoever on the project for which payments have been previously requested and received and/or for which payment is requested above. This document constitutes a waiver of lien by the undersigned in the amount of all sums previously paid by Allstate Construction, Inc. to the undersigned for work done and materials furnished under the above described contract plus the amount of the above requested payment, but shall not operate to release any claim or rights of the undersigned to claim a lien for sums which may hereafter become due the undersigned under the above described contract in excess of the amount of all payments previously received from Allstate Construction, Inc. for work done and materials furnished under the above described contract plus the amount of the payment above requested. As a further inducement to Allstate Construction, Inc. to make the above requested payment, the undersigned hereby certifies, represents and warrants that all materials, labor and services furnished or performed by the undersigned and/or anyone who has furnished materials, labor or services to the undersigned and/or to any Subcontractor with whom the undersigned has contracted in anyway connected with the performance by the undersigned of its obligations under the above described contract have been paid for all material, labor and services rendered through the period covered by the above request for payment. For the separate and specific consideration of 1 dollar in hand paid by Allstate Construction, Inc. to the undersigned, the receipt and sufficiency of which is hereby acknowledged by the undersigned, the undersigned agrees to indemnify and hold Allstate Construction, Inc. harmless from any damages or costs of any nature whatsoever, including attorney’s fees incurred by Allstate Construction, Inc. incident to the removal and/or satisfaction of any lien, claim of lien, or other claim for payment for labor, materials or services furnished in connection with the performance of the above described contract through the end of the period for which payment is requested above by anyone who has furnished labor, materials or services to the undersigned or to any Sub-subcontractor contracting with the undersigned in connection with the performance of the above described contract.

Dated This

 

Day of

 

 

 

 

, A.D., 20

 

.

 

 

 

Sworn to and subscribed before me this

 

 

 

Day of

 

 

 

A.D., 20

 

.

 

 

 

 

 

 

BY:

 

 

 

 

 

NOTARY PUBLIC:

 

 

 

 

 

TITLE:

 

 

 

 

 

Document Specifics

Fact Name Description
Document Purpose This document serves as a formal request for payment from a subcontractor to Allstate Construction, Inc. for work performed or materials supplied under a specific contract.
Waiver of Lien Upon receiving payment as requested, the subcontractor agrees to waive and release any right to claim liens for work done or materials furnished, indicating that this request operates as a lien waiver for amounts previously paid and the amount currently being requested.
Payment Details The form includes critical payment details like the original contract amount, approved change orders, adjusted contract amount, value completed to date, retainage, total less retainage, less previous requests, and the amount of the current payment request.
Certification by Subcontractor The subcontractor certifies that all materials, labor, and services connected with the contract have been paid for up to the period covered by the payment request, ensuring Allstate Construction, Inc. that the subcontractor has fulfilled their financial obligations up to that date.
Indemnification Clause The subcontractor agrees to indemnify and hold Allstate Construction, Inc. harmless from any damages, including legal fees, that might arise from the satisfaction of any liens or claims for payment concerning work done under the contract, up to the end of the period covered by the payment request.

Guide to Writing Construction Request Payment

Filling out the Construction Request Payment form is an important step to ensure timely and appropriate payments for work done under a contract with Allstate Construction, Inc. The form collects details about the project, payment request number, contract amounts, the value of the work completed to date, and other critical financial information. It also includes a lien waiver and indemnification clause, which protects both the subcontractor and Allstate Construction, Inc. from future claims once the payment is made. To complete this form accurately, follow the steps outlined below.

  1. Start with the section labeled "TO:" and enter "Allstate Construction, Inc." as the recipient.
  2. In the "FROM:" section, fill in the name of your company or your full name if you are an individual subcontractor.
  3. Under "PROJECT:", describe the project for which the payment is being requested.
  4. For "CONTRACT NO.:", enter the contract number assigned to your project by Allstate Construction, Inc.
  5. In the space provided for "Payment Request No.", input the sequence number of this payment request.
  6. Enter the "Original Contract Amount" to specify the total value agreed upon in the initial contract.
  7. For "Approved Change Order(s) No. 1 to", list any approved changes to the contract amount, including their respective numbers and the adjusted contract amount resultant.
  8. Under "Value Completed to Date", indicate the total value of work completed up to the current date.
  9. Calculate and enter 10% of the completed value under "Less Retainage 10 %" and then list the "Total Less Retainage".
  10. Subtract any "Less Previous Requests" from the total less retainage to show the progressive billing.
  11. In "Amount of This Request for Payment", specify the total amount you are currently requesting.
  12. Fill in the "State of:" and "County of:" fields with the respective location information where the project is based.
  13. Read the lien waiver and indemnification clause carefully. This part confirms you waive any future claims after receiving the payment.
  14. Complete the form by entering the date next to "Dated This Day of".
  15. Print your name and title under "BY:" and "TITLE:" respectively, to identify yourself as the authorized representative making the request.
  16. The "NOTARY PUBLIC:" section should be filled out and signed by a Notary Public after you sign the document in their presence.

After filling out the form, review all the information for accuracy. Complete and accurate forms are essential for processing your payment request without delays. Submit the form to Allstate Construction, Inc. as directed, ensuring you retain a copy for your records. Prompt submission after the completion of the relevant work stages can help maintain financial liquidity for your business.

Understanding Construction Request Payment

Frequently asked questions (FAQs) about the Construction Request Payment form can help clarify the process for subcontractors. Here are some of the most common inquiries:

  1. What is a Construction Request Payment form?

    This form is used by subcontractors to request payment for work completed or materials provided on a construction project. It details the amount due to the subcontractor, accounting for any previously received payments and retainage withheld.

  2. Why is the form important?

    It serves as a formal request for payment, ensuring that the subcontractor's work and expenses are documented and compensated according to the contract with the construction company, like Allstate Construction, Inc. This documentation is crucial for financial records, dispute resolution, and lien waivers.

  3. What does “less retainage” mean?

    Retainage is a portion of the agreed-upon contract price deliberately held back until the project is completed satisfactorily to cover any potential issues or liabilities. “Less retainage” refers to the payment amount due after the retainage has been subtracted.

  4. What is a lien waiver?

    In the context of this form, the lien waiver is a statement where the subcontractor relinquishes any right to impose a lien on the project property for the amount requested and previously paid. Essentially, it's a release form that prevents subcontractors from claiming a payment lien for those amounts against the project in the future.

  5. What should be included in the "Value Completed to Date" field?

    This field should reflect the total value of work performed and materials supplied by the subcontractor up to the date of the payment request. It includes the value of any approved change orders.

  6. How is the "Amount of This Request for Payment" calculated?

    The amount requested is calculated by subtracting the total of previous requests and the retainage from the value completed to date. It represents the current payment the subcontractor is asking for.

  7. What does it mean to indemnify Allstate Construction, Inc.?

    To indemnify means to secure against any loss or damage. In this case, the subcontractor agrees to protect Allstate Construction, Inc. from any claims, damages, or expenses, including attorney’s fees, arising from the removal of liens or any unpaid claims for labor, materials, or services related to the contract.

  8. What should I do if I have an approved change order?

    Any approved change orders should be included in the "Approved Change Order(s)" field with their number(s) and adjust the contract amount and value completed to date accordingly. This ensures the request for payment reflects all authorized modifications to the original contract.

  9. Who needs to sign the Construction Request Payment form?

    The form must be signed by an authorized representative of the subcontracting company. Additionally, the form must be notarized, which means it should also have the signature of a Notary Public to certify the identity of the signer and the authenticity of the signature.

  10. What happens after submitting the request for payment?

    Once submitted, Allstate Construction, Inc. will review the request against the contract terms and the work completed or materials provided. If approved, payment will be issued for the amount requested, less any adjustments or withholdings outlined in the contract. It is essential for subcontractors to retain copies of all submitted documentation for their records.

Common mistakes

Filling out a Construction Request Payment form requires attention to detail and a clear understanding of the contract terms. Mistakes in this process can lead to delays, disputes, and financial discrepancies. Here are ten common mistakes people make when completing this form:

  1. Not verifying the original contract amount and approved change orders before entering the figures, leading to discrepancies in the adjusted contract amount.
  2. Incorrectly calculating the value completed to date, often due to oversight or misunderstanding of the project's scope.
  3. Failing to accurately apply the retainage percentage, which impacts the total less retainage amount.
  4. Omitting previous payment requests from the calculation, resulting in an inaccurate current request amount.
  5. Not cross-checking the amount of this request for payment against work completed and materials supplied, risking over- or underestimation.
  6. Overlooking to waive, release, remise, and relinquish the right to claim any lien incorrectly, which could affect the legal rights and protections.
  7. Forgetting to certify that all materials, labor, and services have been paid for, which is crucial for the release of payment.
  8. Not correctly identifying the State and County of the project, which could lead to legal and administrative complications.
  9. Leaving the indemnification clause incomplete or not properly understood, risking liability issues with Allstate Construction, Inc.
  10. Incorrectly dating the document or having it improperly notarized, which can invalidate the request or delay the process.

Avoiding these mistakes requires thoroughness, a good understanding of the contract details, and clear communication with all involved parties. A correctly filled-out Construction Request Payment form not only facilitates smoother transactions but also helps maintain good relationships between subcontractors and contractors.

Documents used along the form

The Construction Request for Payment form is a crucial document in the construction industry, signifying a subcontractor or contractor's formal application for payment for work completed up to a certain period on a project. This form is often accompanied by other documents that provide additional details or verification required for processing the payment request. In this context, understanding the supplementary forms and documents that typically accompany a Construction Payment Request is essential for both requesting payment and for processing these requests efficiently.

  • Change Order Forms: These documents detail any modifications to the original contract, including adjustments in the scope of work, project schedules, and contract price. It's important as it affects the adjusted contract amount and, consequently, the amount requested in the current payment application.
  • Conditional and Unconditional Lien Waivers: These forms are typically submitted with payment requests to waive the subcontractor’s or supplier's right to file a lien against the property, conditional upon receiving the payment or unconditionally after the payment has been received.
  • Work Completion Certificates: Often provided along with a payment request, these certificates affirm that the work covered by the payment request has been completed according to the contract specifications and is satisfactory.
  • Project Schedule Updates: This document provides an updated timeline of the project, showing progress against the original schedule. It helps in evaluating the work completion percentage claimed in the payment request.
  • Materials and Labor Reports: Detailed records of materials used and labor hours worked can support the payment request. These reports ensure transparency and help justify the amount being requested, particularly for payments that cover material purchases or labor expenses.

Together, these documents form a comprehensive package that supports the Construction Request for Payment form. By substantiating the request with factual, detailed, and organized documentation, the process of securing payment becomes smoother and more transparent for all parties involved. It’s a system that not only facilitates timely payments but also helps maintain trust and accountability throughout the lifespan of a construction project.

Similar forms

The Change Order Form is remarkably similar to the Construction Request Payment form, as both serve pivotal roles in the construction process, involving modifications to the original contract. While the Construction Request Payment form facilitates the process of requesting payment for work completed, the Change Order Form is used to document and approve changes to the project's scope, including adjustments to the contract amount, thus potentially affecting subsequent payment requests. Both forms ensure clear communication and agreement between parties regarding the cost implications of changes to the project or payment for completed work.

A Contractor’s Application for Payment is another document closely related to the Construction Request Payment form. Both documents are integral to the construction billing process. The Application for Payment typically provides a detailed breakdown of the work completed and materials provided, much like the Construction Request Payment form lists completed work values and materials furnished. Each serves to formalize the request for payment, ensuring contractors are compensated for their work according to the terms of the contract.

The Lien Waiver shares similarities with the section in the Construction Request Payment form that relinquishes the right to impose any liens for work done upon payment. A Lien Waiver is typically used as a receipt that payment has been received and waives the payee's right to file a lien against the property. This function is crucial in both documents to prevent double payment and to assure the payer that once payment is made, no lien will be placed on the property for that portion of work.

The Performance Bond is akin to the indemnification section of the Construction Request Payment form in that it provides a guarantee. While the Performance Bond safeguards the project owner against losses if the contractor fails to fulfill their obligations, the indemnification segment in the Construction Request Payment form protects the payer from damages or costs arising from lien removals or satisfaction post-payment. Both documents manage risk by offering financial protection against non-compliance or failure to meet contractual terms.

A Payment Bond resembles the Construction Request Payment form’s aspect of ensuring that subcontractors and suppliers are paid. The Payment Bond is designed to guarantee payment to all project participants, mirroring the Construction Request Payment form’s purpose of ensuring that labor, materials, and services are compensated. Both are vital for maintaining a fair and trustworthy financial transaction system within construction projects.

Project Schedules are indirectly related to the Construction Request Payment form via the organization and planning of work completion. While a Project Schedule outlines the timeline, sequences, and deadlines for project tasks, the Construction Request Payment form translates this progress into financial terms, requesting payment for work that aligns with the Project Schedule. The successful execution of what's outlined in the Project Schedule often precedes a payment request, making these documents complementary in project management.

The Subcontractor Agreement bears resemblance to the Construction Request Payment form by defining the terms of work between a subcontractor and the primary contractor. While the Subcontractor Agreement establishes the scope of work, payment schedule, and responsibilities, the Construction Request Payment form is a follow-through, signifying the completion of agreed-upon tasks and the request for corresponding payment. Both documents are crucial for delineating and executing the financial and work-related aspects of subcontracted work.

Material Lists can be seen as complementary to the Construction Request Payment form since both deal with the accounting of resources. The Material List enumerates the supplies needed for a project, helping in budgeting and procurement, whereas the Construction Request Payment form might reference costs related to materials already utilized. By detailing materials furnished and their costs, these documents collectively aid in the financial management of a construction project.

A Daily Work Report, while primarily focused on documenting daily activities and progress on the construction site, complements the information on the Construction Request Payment form. It provides evidence and support for the work completed as stated in payment requests. This documentation helps in validating the completion of work and justifying the transactions detailed in the Construction Request Payment form, ensuring transparency and accountability in project billing and payment processes.

Finally, the Final Completion Certificate, which signifies the official completion of the project and satisfactory fulfillment of contractual obligations, correlates with the final payment request detailed in the Construction Request Payment form. The issuance of this certificate often precedes or coincides with the final payment, serving as a prerequisite that ensures all work has been completed to standards. Therefore, both documents mark crucial milestones in the closure and financial reconciliation of a construction project.

Dos and Don'ts

Filling out a Construction Request Payment form is a critical step in the payment process for any construction project. It's essential to approach this task carefully to ensure accurate and timely payments. Below are four things you should do and four things you should avoid when completing this form.

Do:

  • Review all contract documents – Before filling out the form, make sure you understand the terms of your contract, including any specific requirements or deadlines for payment requests.
  • Include accurate details – Double-check all the information you provide, including contract numbers, payment request numbers, and the adjusted contract amount. Errors can delay processing.
  • Provide documentation for changes – If you have approved change orders that affect payments, attach the necessary documentation to support the adjustments in your payment request.
  • Verify lien waivers and releases – Ensure any required lien waivers or releases are completed and submitted with your payment request to avoid legal complications.

Don't:

  • Estimate amounts – Avoid guessing or rounding off numbers. Use the exact figures from your contracts and approved change orders to fill out the request.
  • Forget to sign and date the form – An unsigned or undated form may be considered invalid, causing delays or disputes with payments.
  • Omit retainage details – The form requires details about retainage. Failing to provide this information might lead to inaccuracies in the final payment amount.
  • Ignore the indemnification clause – Understand your indemnification responsibilities. This clause requires you to hold the general contractor harmless against claims related to your work. Ensure all subcontractors and suppliers are paid to avoid claims that may arise.

Misconceptions

When it comes to managing financial transactions within the construction sector, the Construction Request Payment form plays a crucial role. However, there are several misconceptions surrounding this document that require clarification.

  • Misconception 1: The Request for Payment form is only a request for money.

    Contrary to popular belief, this form is not merely a request for payment; it serves as a comprehensive document that updates the project's financial status. It includes details such as the original contract amount, approved change orders, the adjusted contract amount, value completed to date, and the amount of this specific payment request. It also serves as a waiver of lien to the extent of the payment requested, ensuring that all parties are up-to-date with the financial aspects of the project.

  • Misconception 2: Filling out the form is straightforward and requires no detailed financial tracking.

    Filling out the Construction Request Payment form demands meticulous financial record-keeping. Each section, from the original contract amount to the adjusted contract amount after approved change orders, needs to be carefully calculated. This meticulousness ensures that all financial transactions concerning the project are transparent and up-to-date.

  • Misconception 3: Only large construction firms need to use it.

    This form is universally applicable to all sizes of construction projects, not just those handled by large firms. Small and medium-sized enterprises also benefit from using it, as it formalizes the payment request process and helps in maintaining clear financial records, facilitating smoother transactions, and minimizing disputes.

  • Misconception 4: Once submitted, the form guarantees immediate payment.

    Submission of the Request for Payment form does not guarantee immediate disbursement of funds. The form initiates the process by providing a formal request that needs to be reviewed and approved by the party responsible for the payment. The timeline for payment can vary based on the terms agreed upon in the contract.

  • Misconception 5: The form only benefits the subcontractor requesting payment.

    While it might seem that the subcontractor is the only beneficiary of this form, in reality, it benefits all parties involved in the project. By providing a structured format to request and process payments, it ensures transparency and accountability. It also serves to protect the interests of the payer by including a release and waiver of lien to the extent of the payment made, thus helping to prevent future financial or legal complications.

Understanding these misconceptions and the actual purpose and process of the Construction Request Payment form is essential for anyone involved in the construction industry. It ensures that financial management is handled professionally and accurately, leading to smoother operations and fewer disputes.

Key takeaways

When completing and utilizing the Construction Request Payment form, certain key points should be clearly understood to ensure the process is handled smoothly and effectively. These takeaways are integral for all parties involved, providing clarity and security in the financial transactions related to a construction project.

  • Accuracy in Reporting: It is paramount to ensure that all the financial figures listed in the form, including the original contract amount, approved change orders, and the amount requested for payment, are accurate and up to date. Mistakes in these areas can lead to delays or disputes over payment amounts.
  • Understanding Lien Waivers: By signing this form, subcontractors waive any right to claim liens against the project for amounts previously paid and for the amount currently being requested. However, it's important to note that this waiver does not apply to any future sums that may become due under the contract beyond the amount of the payment requested and previously received payments.
  • Certification of Payment: The subcontractor certifies that all materials, labor, and services furnished through the period covered by the payment request have been paid for. This certification is crucial as it assures the construction manager or general contractor that no outstanding payments could impact the project's progress or lead to liens from third parties.
  • Indemnification: The subcontractor agrees to indemnify and hold harmless the construction manager or general contractor from any damages, costs, or attorney’s fees incurred in connection with any lien, claim of lien, or other claims for payment. This indemnification is for services furnished within the performance period up to the end date covered by the payment request, highlighting the importance of managing financial obligations promptly and efficiently.

In summary, the Construction Request Payment form serves as a critical document that not only requests payment for completed work but also acts as a financial agreement that protects the interests of all parties involved in the project. It is essential to approach this document with attention to detail and a clear understanding of its implications to maintain the financial integrity of the construction project.

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