(a) If a subcontractor or materialman submits an application or request for payment or an invoice for materials to the contractor in sufficient time to allow the contractor to include the application, request, or invoice in its own pay request submitted to the City, the contractor, in compliance with and subject to all provisions of RC 4113.61, within ten (10) calendar days after receipt of payment from the City under a public improvement contract, shall pay to the:
(1) Subcontractor, an amount that is equal to the percentage of completion of the subcontractor’s contract allowed by the City for the amount of labor or work performed;
(2) Materialman, an amount that is equal to all or that portion of the invoice for materials which represents the materials furnished by the materialman.
(b) The contractor may reduce the amount paid by any retainage provision contained in the contract, invoice, or purchase order between the contractor and the subcontractor or materialman, and may withhold amounts that may be necessary to resolve disputed liens or claims involving the work or labor performed or material furnished by the subcontractor or materialman.
(c) The contractor shall require each subcontractor and materialman to pay each of its lower tier subcontractors or lower tier materialmen within ten (10) calendar days after receipt of payment from the contractor, under the same terms and conditions and in the same manner as this section requires the contractor to pay a subcontractor or materialman.
(d) The contractor shall include a prompt payment requirement notification in each subcontract or contract for materials under the contract and shall require each subcontractor and materialman to comply with the applicable provisions of this section and RC 4113.61.
(Ord. No. 792-03. Passed 6-10-03, eff. 6-12-03)