Arizona Provision to Include Final Billing

State:
Multi-State
Control #:
US-OL4024B
Format:
Word; 
PDF
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Description

This office lease provision states that the landlord and the tenant mutually acknowledge a good faith estimate, but that only the real estate brokerage fee has actually been determined. Thereafter, the agreed upon sum will be adjusted, increased or decreased, accordingly to reflect the actual sum once determined.

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FAQ

In 1982, Congress passed the Prompt Payment Act to require Federal agencies to pay their bills on a timely basis; to pay interest penalties when payments are made late, and to take discounts.

Does Arizona limit the amount of retainage that can be withheld from a contractor? The retainage rate is set at 10% of each pay estimate. After 50% of the work is completed, retainage is limited to 5% (if work is determined satisfactory).

If more than 10 days expire after service of the stop notice and the party is still not paid, a lawsuit may be filed to collect the amount claimed to be owed.

What is the law for paying contractors in Arizona? In Arizona, the law requires property owners to pay contractors in full within ten days of receiving a payment request. If the owner disputes the payment for any reason, they must send a written explanation to the contractor within the ten-day period.

The Arizona Prompt Payment Act (A.R.S. § 32-1181 through -1188), which governs private-sector construction projects, provides that a licensed contractor, licensed subcontractor or material supplier who has performed ing to its contract is entitled to prompt payment from the party with which it contracted.

The following states have ruled that these clauses (or certain variations of them) are valid, and that they shift the risk of owner nonpayment to the subcontractor: Arizona, Colorado, Georgia, Florida, Illinois, Michigan and Maryland. In contrast, California and New York have totally abolished the pay-when-paid clause.

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Arizona Provision to Include Final Billing