CERTIFICATE FOR PAYMENT.
9.4.1 Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following:
(i) Defective Work not remedied or failure to pass required system tests.
(ii) Third-party claims against Contractor or City arising from the acts or omissions of Contractor, or Subcontractors.
(iii) Stop notices.
(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.
(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid.
(vi) Damage to City or Separate Contractor for which Contractor is responsible.
(vii) Reasonable evidence that the Work will not be completed within the Contract Time.
(viii) Failure of Contractor to maintain and update As-Built or Record Documents.
(ix) Failure of Contractor to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents.
(x) Performance of Work by Contractor without Approved Submittals.
(xi) Liquidated or actual damages assessed in accordance with the Construction Contract.
(xii) Any other failure of Contractor to perform an obligation under the Contract Documents.
9.4.2 Subject to the withholding provisions of Paragraph 9.4.2 and when any or all of the noted deficiencies or others have been removed, City shall pay Contractor the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures.
9.4.3 Neither City nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law.
9.4.4 Neither a Certificate for Payment nor any payment (progress or final) shall be construed as a waiver of any rights arising from Defective Work.
9.4.5 City may, at any time, require that payment of any undisputed amount is contingent upon Contractor furnishing City with a release of all claims against City which are related to those undisputed payments. Any disputed amount may be expressly excluded from such release.
9.4.6 The City may require a tri-party agreement among the City, the Contractor, and the Contractor's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneratio...
CERTIFICATE FOR PAYMENT. The form for approval by the Construction Manager of Contractor's Application for Payment.
CERTIFICATE FOR PAYMENT. Owner Parties will review each Application for Payment and either: (i) issue to Owner a Certificate for Payment indicating Contractor is due the amount set forth in such Application for Payment; (ii) issue to Owner a Certificate for Payment indicating Contractor is due an amount less than as requested, in which case the Certificate shall state the amount due, or (iii) notify Owner in writing of reasons to withhold payment. In the event Owner Parties determine Contractor is not entitled to the amount requested in an Application for Payment, Owner Parties shall forward to Contractor the reasons for withholding all or a portion of the payment requested. In the event Contractor disputes amounts withheld, Contractor shall have a Claim for such amounts. Owner Parties’ issuance of a Certificate for Payment constitutes a representation to Owner that, based on Owner Parties’ Site observations and the data comprising the Application for Payment, the Work has progressed to the point indicated in Contractor’s Application for Payment, that, to the best of Owner Parties’ knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents, and that Contractor is entitled to payment in the certified amount.
CERTIFICATE FOR PAYMENT. 7.1 The issuance of a certificate for payment shall constitute a representation by the Prime Consultant to Manitoba Housing, based on the Prime Consultant’s Field Review/General Review and on review of the contractor’s schedule of values and application for payment, the Work has progressed to the value indicated; to the best of the Prime Consultant’s knowledge, information and belief, the Work observed during the course of Field Review/General Review is in general conformity with the design and the Contract; and the Contractor is entitled to payment in the amount certified. Such certification is subject to:
7.1.1 review and evaluation of the Work as it progresses for general conformity as provided in the Basic Services outlined in Schedule A;
7.1.2 the results of any subsequent tests required by or performed under the Contract;
7.1.3 minor deviations from the Contract being corrected prior to completion; and
7.1.4 any specific qualifications stated in the certificate for payment.
7.2 The issuance of the certificate for payment shall not be a representation the Prime Consultant has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Price, or the Contractor has discharged the obligations imposed on the Contractor by law, or requirements of The Workplace Safety and Health Act, C.C.S.M. W210 or The Workers Compensation Act, C.C.S.M. W200, or other applicable statute, noncompliance with which may render Manitoba Housing personally liable for the Contractor’s default.
CERTIFICATE FOR PAYMENT. The term “
CERTIFICATE FOR PAYMENT. At such time as Borrower shall desire to obtain, subject to the requirements contained herein, a disbursement of any portion of the Loan proceeds, Borrower shall complete, execute and deliver to Lender a request for an advance in the form of the Certificate for Payment approved by the Lender (Lender hereby approving AIA Form G-702).
CERTIFICATE FOR PAYMENT. Deposit of Securities in Lieu of Retention and Deposit of Retention into Escrow
CERTIFICATE FOR PAYMENT. Within fifteen (15) business days after the receipt of each Application for Payment, Client shall (1) review the Application for Payment to certify the relevant Services and the Reimbursable Costs incurred, and (2) issue to Consultant a written “certificate for payment” for such amount as Client determines is properly due. If the amount so determined by Client is less than the amount requested by Consultant in the Application for Payment, Client’s “certificate for payment” shall indicate the specific reasons for so withholding all or a portion of the amount requested. If Client determines that a portion of the amount requested is not due, Client shall nevertheless approve payment for the remaining portion of the Application for Payment.
CERTIFICATE FOR PAYMENT. 9.4.1 If Contractor has made an Application For Payment in accordance with Article 9.3, the Construction Manager will, not later than seven (7) Days after the date of receipt of an Application For Payment prepared and submitted in accordance with the Contract Documents, issue to District, with copy to Contractor, a Certificate For Payment in such amount as the Construction Manager determines is due. If Construction Manager determines that Contractor’s Application For Payment has not been properly prepared or submitted, then Construction Manager, within the seven (7) Day period provided for in Article 9.4.1, notify Contractor in writing of the reasons why the Application for Payment is being rejected.
9.4.2 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect District against actual or threatened loss as a result of any of the following:
(i) Defective Work not remedied.
(ii) Third-party claims against Contractor or District arising from the acts or omissions of Contractor, Subcontractors, or Sub-subcontractor, of any Tier.
(iii) Stop notices.
(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.
(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid.
(vi) Damage to District or Separate Contractor for which Contractor is responsible.
(vii) Reasonable evidence that the Work will not be completed within the Contract Time.
(viii) Failure of Contractor to maintain and update As-Built or Record Documents.
(ix) Failure of Contractor to submit schedules, reports, or their updates as required by the Contract Documents.
(x) Performance of Work by Contractor without approved Submittals.
(xi) Liquidated or actual damages assessed in accordance with the Construction Contract.
(xii) Any other failure of Contractor to perform an obligation under the Contract Documents.
9.4.3 Subject to the withholding provisions of Article 9.4.2 and when any or all of the noted deficiencies or others have been removed, District shall pay Contractor the amount set forth in the Certificate For Payment in accordance with its normal disbursement procedures.
9.4.4 Neither District nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Subcontractor or...
CERTIFICATE FOR PAYMENT. At such time as Borrower shall desire to obtain a disbursement of any portion of the Loan proceeds for the construction of a Unit, subject to the other requirements hereof, Borrower shall complete, execute and deliver to Lender a request for an advance on a form of draw request approved by Lender, with copies to the Lender's Inspector and the Disbursing Agent, setting forth a detailed breakdown of the requested disbursement for each Unit and the original cost breakdown approved by Lender together with the percentage of completion of each item and the balance remaining to complete each item. The Certificate for Payment shall be certified by the Borrower, and the Contractor.
