Common use of CERTIFICATE FOR PAYMENT Clause in Contracts

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 exoneration of the surety bond or impairment of the surety's security.

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 exoneration of the surety bond or impairment of the surety's security.

CERTIFICATE FOR PAYMENT. ‌9.4.1 If Contractor has submitted an Application for Payment in accordance with Article 9.3, Owner’s Representative shall, not later than 5 working days after the date of receipt of the Application for Payment, issue to the City, with a copy to Contractor, a Certificate for Payment for such amount as Owner’s Representative determines to be properly due. 9.4.1 9.4.2 If any such Application for Payment is determined not to be in accordance with Article 9.3, the City will inform Contractor as soon as practicable, but not later than 5 working days after receipt. Thereafter, Contractor shall have 3 days to revise and resubmit such Application for Payment; otherwise Owner’s Representative may issue a Certificate for Payment in the amount that Owner’s Representative determines to be properly due without regard to such Application for Payment. 9.4.3 Approval of all or any part of an Application for Payment may be withheld, a Certificate For for Payment may be withheld or withheld, and all or part of a previous Certificate For for Payment may be nullified nullified, and that amount withheld from a current Certificate For for Payment in order to protect City against actual or threatened loss as a result on account of any of the following: (i) .1 Defective Work not remedied or failure to pass required system testsremedied. (ii) .2 Third-party claims against Contractor or the City arising from the acts or omissions of Contractor, Contractor or Subcontractors. (iii) .3 Stop payment notices. (iv) .4 Failure of Contractor to make timely payments due Subcontractors for material or labor. (v) .5 A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid. (vi) .6 Damage to the City or Separate Contractor for which Contractor is responsible. (vii) .7 Reasonable evidence that the Work will not be completed within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover Owner’s damages for the anticipated delay. (viii) .8 Failure of Contractor to maintain and update Asas-Built or Record Documentsbuilt documents. (ix) .9 Failure of Contractor to timely submit Construction Schedules, reports, Submittals schedules or their updates as required by the Contract Documents. (x.10 Failure to provide conditional or unconditional releases from any Subcontractor or supplier, if such waiver(s) have been requested by Owner’s Representative. .11 Performance of Work by Contractor without Approved Submittalsproperly processed Shop Drawings. (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 exoneration of the surety bond or impairment of the surety's security.

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 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 followingthefollowing: (i) Defective Work not remedied or failure to pass required system testssystemtests. (ii) Third-party claims against Contractor DBE or City arising from the acts or omissions of ContractorDBE, itsDesign Professionals or Subcontractors. (iii) Stop notices. (iv) Failure of Contractor DBE to make timely payments due Subcontractors for material or labor. (v) A reasonable doubt that the Work Design-Build Services can be completed for the balance of the Contract Sum then unpaid. (vi) Damage to City or Separate Contractor for which Contractor DBE is responsible. (vii) Reasonable evidence that the Work Project will not be completed within the Contract TimeContractTime. (viii) Failure of Contractor DBE to maintain and update As-Built or Record DocumentsRecordDocuments. (ix) Failure of Contractor DBE to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents. (x) Performance of Work by Contractor DBE without Approved Submittals. (xi) Liquidated or actual damages assessed in accordance with the Construction Design-Build Contract. (xii) Any other failure of Contractor DBE 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 DBE 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 tothe payment of money to a Design Professional or 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 DBE 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 releasesuchrelease. 9.4.6 The City may require a tri-party agreement among the City, the ContractorDBE, and the ContractorDBE's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security.

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.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 exoneration of the surety bond or impairment of the surety's security.

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 DBT or City arising from the acts or omissions of ContractorDBT, its Design Professionals or Subcontractors. (iii) Stop notices. (iv) Failure of Contractor DBT to make timely payments due Subcontractors for material or labor. (v) A reasonable doubt that the Work Design-Build Services can be completed for the balance of the Contract Sum then unpaid. (vi) Damage to City or Separate Contractor for which Contractor DBT is responsible. (vii) Reasonable evidence that the Work Project will not be completed within the Contract Time. (viii) Failure of Contractor DBT to maintain and update As-Built or Record Documents. (ix) Failure of Contractor DBT to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents. (x) Performance of Work by Contractor DBT without Approved Submittals. (xi) Liquidated or actual damages assessed in accordance with the Construction Contract.Design-Build Contract.‌ (xii) Any other failure of Contractor DBT 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 DBT 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 Design Professional or 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 DBT 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 ContractorDBT, and the ContractorDBT's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security.