ADJUSTMENT OF CONSTRUCTOR’S PAYMENT. APPLICATION The Owner may adjust or reject a payment application or nullify a previously approved payment application, in whole or in part, as may reasonably be necessary to protect Owner from loss or damage based upon the following, to the extent that Constructor is responsible for such under this Agreement:
9.3.1 the Constructor’s repeated failure to perform the Work as required by the Contract Documents;
9.3.2 the Constructor’s failure to properly pay subcontractors or materials suppliers in connection with the Work following receipt of such payment from the Owner;
9.3.3 reasonable evidence of delay in performance of the Work such that the Work will not be completed within the Contract Time; and
9.3.4 unless arising from Owner’s non-payment for the performance of the Work, uninsured third-party claims involving the Constructor or reasonable evidence demonstrating that third-party claims are likely to be filed unless and until the Constructor furnishes the Owner with adequate security in the form of a surety bond, letter of credit, or other collateral or commitment which is sufficient to discharge such claims if established.
9.3.5 No later than seven (7) Days after receipt of an application for payment, the Owner shall give written notice to the Constructor disapproving or nullifying it or a portion of it, specifying the reasons for the disapproval or nullification. When the above reasons for disapproving or nullifying an application for payment are removed, payment shall be made for the amounts previously withheld.
ADJUSTMENT OF CONSTRUCTOR’S PAYMENT. APPLICATION Owner may adjust or reject a payment application or nullify a previously approved payment application, in whole or in part, to the extent reasonably necessary to protect Owner from loss or damage based upon the following, but only to the extent that Constructor is responsible under the Agreement:
16.5.1 Constructor’s repeated failure to perform the Work as required by the Contract Documents;
16.5.2 Except as accepted by the insurer providing builder’s risk or other property insurance covering the Project, loss or damage to the property of Owner or Others arising out of or relating to this Agreement and caused by Constructor;
16.5.3 Constructor’s failure to properly pay Subcontractors and Suppliers following receipt of such payment from Owner;
16.5.4 Rejected, nonconforming, or Defective Work not corrected in a timely fashion; and
16.5.5 Reasonable evidence of delay in performance of the Work such that the Work will not be completed within the Contract Time. Owner shall give written notice to Constructor at the time of disapproving or nullifying an application for payment of the specific reasons therefore. When the above reasons for disapproving or nullifying an application for payment are removed, payment shall be promptly made for the amounts previously withheld.
ADJUSTMENT OF CONSTRUCTOR’S PAYMENT. APPLICATION The Owner may adjust or reject a payment application or nullify a previously approved payment application, in whole or in part, as may reasonably be necessary to protect the Owner from loss or damage based upon the following, to the extent that the Constructor is responsible therefor under the Contract:
18.3.1 the Constructor's repeated failure to perform the Work as required by the Contract Documents;
18.3.2 loss or damage to the Owner, or Others arising out of or relating to this Contract and caused by Constructor;
18.3.3 the Constructor's failure to properly pay Subcontractors and Material Suppliers following receipt of such payment from the Owner;
18.3.4 Defective Work not corrected in a timely fashion;
18.3.5 reasonable evidence of delay in performance of the Work such that the Work will not be completed by the Dates of Substantial or Final Completion; and
18.3.6 reasonable evidence demonstrating that the unpaid balance of the PTCE is insufficient to fund the cost to complete the Work. The Owner shall give written notice to the Constructor at the time of disapproving or nullifying an application for payment of the specific reasons therefor. When the above reasons for disapproving or nullifying an application for payment are removed, payment will be made for the amounts previously withheld.
