Common use of Criteria for Withholding A Certificate for Payment Clause in Contracts

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 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 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 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.