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Pay-When-Paid Clause
What is a Pay-When-Paid Clause?
A Pay-When-Paid Clause refers to a contractual provision often used within the construction industry. This clause essentially stipulates that a contractor or a subcontractor is not obliged to pay their subcontractors or suppliers until they themselves receive payment from the project owner. It serves to manage the risk associated with the delay or failure of payment in the construction chain, allowing the contractor to pass on the financial risks to the subcontractors. Such a clause can have significant implications on cash flows and may affect the commercial viability of construction projects, particularly for smaller subcontractors. It's crucial for all parties involved to carefully negotiate these provisions.
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Other construction terms
What is Certified Payroll?
Certified Payroll is a specific type of payroll process required for any contractor or subcontractor working on federally funded or assisted construction projects under the Davis-Bacon Act. It is a federal compliance requirement to ensure employees are paid prevailing local wage rates and benefits. Certified Payroll records include the worker's name, their classification, hourly rates of wages paid, daily and weekly hours worked, deductions made, and actual wage paid. It provides transparency for regulators, ensuring fair wages for work conducted. This mandatory weekly submission acts as an assertive step in suppressing wage theft in the construction industry.
What is Cost Plus Billing?
Cost Plus Billing in the construction industry refers to a method where the customer agrees to cover the actual costs, expenses and other direct costs of the construction project plus an additional sum for contractor’s overhead and profit. These typically include costs of materials, labor, and subcontractor charges. The agreement clearly establishes and defines what is constituted as cost, the overhead percentage, and the profit percentage, reducing the risk of any surprise costs. Essentially, the 'Cost' represents the direct costs of the construction, while the 'Plus' is the contractor's fee and is usually agreed upon as a fixed percentage of the total costs or as a target price with a shared savings clause.
What is a Budget Analysis?
A Budget Analysis in the context of the construction industry is a comprehensive review and assessment of all estimated costs associated with a construction project to ensure fiscal responsibility and efficiency. This includes analyzing labor costs, material expenses, equipment needs, subcontractor bids, project timeline, contingencies, and overheads among others. The aim is to determine the economic viability of the project, identify any potential financial risks, and devise strategies to manage and control costs. It plays a critical role in project management, helping construction companies to plan, organize, and regulate their budget, therefore enabling them to deliver projects within the allocated finances. The budget analysis also helps in future forecasting and strategic planning, thereby enhancing profitability and competitiveness in the industry.
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