When can the Contractor request evidence from the Owner after work has started?

The contractor is entitled to request evidence from the owner when payments fail to be made. This provision is rooted in the contractual obligations established at the outset of the project, where timely payments are critical to maintaining cash flow and ensuring ongoing work. If the owner does not comply with payment schedules, it creates a situation where the contractor needs assurance that the owner is still within their contractual bounds and capable of fulfilling future payment obligations.

By requesting evidence at this point, such as proof of financing or project compliance, the contractor is protecting their rights and mitigating the risk of potential payment defaults. This step is essential for keeping the project on track and allows for open communication regarding any financial discrepancies that could affect the project's progress.

The other circumstances mentioned do not typically justify such requests. For example, only upon contract termination, once every month, or specifically during construction delays do not inherently provide a basis for needing evidence as soon as a payment issue arises. These contexts lack the immediate necessity for accountability that payment disputes create, making the contractor's position to ask for evidence valid and strategically important during payment failures.