Common use of Deductions; Payments Withheld Clause in Contracts

Deductions; Payments Withheld. No deduction shall be made from payments to the Design Professional on account of penalties, liquidated damages or other amounts assessed against the CM/GC. The Owner reserves the right to withhold payments to the Design Professional for losses connected with the Project caused by the negligent errors, omissions, delinquencies or wrongful acts of the Design Professional in performing its duties under this Contract. Upon receipt of written request from the Design Professional, the Owner agrees to discuss the amounts and reasons for which the payments are withheld, to include participation in mediation with a neutral third party to assist in resolving the issues involved. Part 2 – Contract Adjustment

Deductions; Payments Withheld. No deduction shall be made from payments to the Design Professional on account of penalties, liquidated damages damages, or other amounts assessed against the CM/GC. The Owner reserves the right to withhold payments to the Design Professional for losses connected with the Project caused by by: (i) the negligent errors, omissions, delinquencies or wrongful acts or omissions of the Design Professional in performing its duties under this Contract and (ii) the Design Professional’s breach of any of its obligations under this Contract. Upon receipt of written request from the Design Professional, the Owner agrees to will discuss the amounts and reasons for which the payments are withheld, to include participation in mediation with a neutral third party to assist in resolving the issues involved. Part 2 – Contract AdjustmentCONTRACT ADJUSTMENTS