Questions: Subcontractor Payments
- What happens if a contractor fails to make payment?
- Can the Prime Contractor change or transfer the assignment and/or subcontracting after Bid Submission?
- Contractors, Subcontractors and Workers Compensation requirements?
- Who do I contact if I need assistance with the payment process?
- What is a payment verification form and who do I provide a completed copy?
| ANSWERS: Subcontractor Payments |
| 1. |
For construction, the City pays the Prime contractor two times per month per the contract. Because the City wants to ensure that Subcontractors are paid amounts owed in a timely fashion, the Contractor is required to make payments to its Subcontractors twice per month as well. The Contractor has no discretion to only accept one payment per month from the City to avoid this obligation Within 10 Calendar Days from the date that any payment is sent by the City to the Contractor, the Contractor shall pay its Subcontractors for work performed during the period covered by the Application for Payment regardless if the Subcontractor agrees to some different schedule Nothing in the contract requires the Contractor to pay its Subcontractors for any portion of the Work that is disputed or which otherwise would not be eligible for payment |
| 2.a |
The Contract or any interest therein shall not be assigned or subcontracted to any other person or entity without the prior written consent of the City of Portland. In the event of transfer without prior written consent, the purported transfer is void and the Contractor remains liable for performance of the Contract |
| 2.b |
The Contractor will not be permitted at any time to delete, substitute or add a D/M/W/ESB subcontractor without the prior written approval of the Chief Procurement Officer |
| 2.c |
Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder |
| 3. |
Under Oregon Law, all Contractors and Subcontractors are required to maintain Workers Compensation insurance (reference ORS Chapter 656, Workers Compensation) |
| 4. |
If you don't receive payment after speaking with the prime contractor, contact the City Contract Compliance Specialist to assist you with your request:
For Construction contracts: Angela Pack at 503.823.6883, or Paula Wendorf at 503.823.6889
For Professional, Technical, Expert contracts: Brenda Scott at 503.823.7194
For the Portland Housing Bureau, Portland Development Commission and Housing Authority of Portland: Cathleen Massier at 503.823.6588
|
| 5. |
For Construction and Professional Technical Expert Services, the Contract Compliance Specialists mails Payment Verification forms to subcontractors to assure that they have received payment from prime contractors. It is important that subcontractors complete and submit this form to Procurement Services at 1120 SW 5th Ave Ste 750, Portland Oregon 97204 |
For more question about Procurement Services, Technical Assistance Programs and Resources visit the Procurement Services website at or call 503.823.5047.
