Criteria for Withholding A Certificate for Payment. The Architect/Engineer or Owner may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the Architect/Engineer's or Owner's opinion Contractor representations to the Owner are not supported or are deemed inaccurate. If the Contractor and Architect/Engineer or Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate of Payment for the amount to which the Architect/Engineer and Owner are able to certify payment. Certification may be withheld for these reasons: Defective Work not corrected; • Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount • Damages owed to the Owner or others; • Evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or estimated Liquidated Damages; or • Failure by Contractor to make payments properly and promptly to subcontractors or suppliers; or • Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by Contractor. When reasons for withholding certification are corrected, the Architect/Engineer and Owner will certify amounts previously withheld.
Criteria for Withholding A Certificate for Payment. The Owner may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the Owner's opinion Contractor representations to the Owner are not supported or are deemed inaccurate. If the Contractor and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate of Payment for the amount to which the Owner are able to certify payment. Certification may be withheld for these reasons: Defective Work not corrected; • Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount • Damages owed to the Owner or others; • Failure by Contractor to make payments properly and promptly to subcontractors or suppliers; or • Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by Contractor. When reasons for withholding certification are corrected, the Architect/Engineer and Owner will certify amounts previously withheld.
Criteria for Withholding A Certificate for Payment. The OWNERS AUTHORIZED REPRESENTATIVE or OWNER may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the OWNERS AUTHORIZED REPRESENTATIVE or OWNER's opinion CONTRACTOR representations to the OWNER are not supported or are deemed inaccurate. If the CONTRACTOR and OWNERS AUTHORIZED REPRESENTATIVE or OWNER cannot agree on a revised amount, the OWNER’S REPRESENTATIVE will promptly issue a Certificate of Payment for the amount to which the OWNERS AUTHORIZED REPRESENTATIVE and OWNER are able to certify payment. Certification may be withheld for these reasons: Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; or Damages owed to the OWNER or others; or Evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or estimated Liquidated Damages; or Failure by CONTRACTOR to make payments properly and promptly to subcontractors or suppliers; or Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by CONTRACTOR Defective Work not corrected; When reasons for withholding certification are corrected, the OWNERS AUTHORIZED REPRESENTATIVE and OWNER will certify amounts previously withheld.
