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Remuneration and payment

Stein Frederick Janzon
sfj@byggogprosjektjus.no

The short version

1. The contract sum is normally stated in the contract document, but is not necessarily fixed (or a fixed sum)

2. Often, final remuneration depends on the measurement of the quantities produced which are settled in the agreed unit prices, if any works are to be carried out on account.

3. Total/general contractor pays only for work and materials that have already been added to the construction site, and therefore no advance, for example, the contractor pays for prefabrication

4. Close relationship between invoicing plan and progress plan/ production plans

5. The contract amount is billed to an account once per month, and with the amounts agreed in the billing schedule

6. In case of delays, the billing schedule and progress schedule are adjusted. If a account amount is higher than actual progress implies the builder may withhold a proportionate amount

7. In execution centres, the situation is often more complex because measurements of the quantity produced are more often required.

8. Payment of a account invoices does not mean that the supporting document is approved.

9. The subcontractor's invoices for modification works, indexing, etc. are made on their own invoice series.

10. The payment deadline is 28 days provided that the terms of the contract are met, including that the invoice is sufficiently documented.

11. Total/general contractor has right of withholding in case of justified counterclaims

I'm 12. The subcontractor has the right to stop its works if the total/general contractor fails to pay substantially.

I'm 13. Prior to termination, the subcontractor must notify the total/general contractor in writing no later than 24 hours prior to commencement.

14. Unjustified stoppage is grounds for uplift. Accordingly, the subcontractor should be sure of his case before any stoppage is notified and implemented.

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