Decisions to Withhold Certification. § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied;
Decisions to Withhold Certification. 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.
Decisions to Withhold Certification. 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Decisions to Withhold Certification. § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner’s determination that the Work has not progressed to the point indicated in the Design-Builder’s Application for Payment, or the quality of the Work is not in accordance with the Design-Build Documents. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Design-Builder as provided in Section 9.4. If the Design-Builder and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible because of .1 defective Work, including design and construction, not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Design-Builder; .3 failure of the Design-Builder to make payments properly to the Architect, Consultants, Contractors or others, for services, labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
Decisions to Withhold Certification. (a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner’s interest, if in the Architect/Engineer’s or Owner’s opinion the representations to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer or the Owner is unable to certify payment in the amount of the Application, the Architect/Engineer or the Owner will notify the Prime Contractor as provided in Subparagraph 9.4(a). If the Prime Contractor and Architect/Engineer or the Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make the required representations to the Owner. The Architect/Engineer or the Owner may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary, in the Architect/Engineer’s or Owner’s opinion, to protect the Owner from loss because of:
(1) defective or nonconforming Work not remedied;
(2) third-party claims filed or reasonable evidence indicating probable filing of such claims;
(3) failure of the Prime Contractor to make payments properly to Subcontractors or for labor, materials, or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
(5) damage to the Owner or another contractor;
(6) reasonable 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 damages for the anticipated delay;
(7) persistent failure to carry out the Work in accordance with the Contract Documents; or
(8) mathematical or other errors that are discovered in the Application for Payment.
(b) When all of the above reasons that existed for withholding certification are removed or remedied, then, at that time, certification will be made for amounts previously withheld.
(c) The Owner may, at its option, offset any progress payment or final payment under the Contract Documents against any debt (including taxes) lawfully due to the Owner from the Prime Contractor, regardless of whether the amount due arises pursuant to the terms of the Contract Documents or otherwise, and regardless of whether or not the debt due to the Owner has bee...
Decisions to Withhold Certification. District shall notify Contractor in writing if any amounts are not due, and the reasons for withholding certification in whole or in part. If Contractor and District cannot agree on a revised amount, District shall promptly issue a Certificate for Payment for the amount for which District determines that Contractor is entitled to payment. District may withhold Certificate for Payment or nullify the whole or part of a Certificate for Payment previously issued, to such extent as may be reasonably necessary to protect District from loss for which Contractor is responsible, including loss resulting from acts and omissions because of defective Work not remedied, third party claims filed or reasonable evidence indicating probable filing of such claim unless security acceptable to District is provided by Contractor, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, damage to District or another contractor, reasonable 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 liquidated damages for the anticipated delay, persistent failure to carry out the Work in accordance with the Contract Documents, or failure to maintain Record Documents. Contractor shall not receive any interest on any retainage or amounts withheld due to the failure of Contractor to perform in accordance with the Contract Documents. District may apply any withheld amount to pay outstanding claims or obligations on behalf of Contractor, without prior judicial determination of the claim or obligation. If any payment is made by District, that amount is deemed a payment made under this Contract by District to Contractor. District shall promptly issue a Certificate for Payment for amounts previously withheld when the reasons for withholding certification are removed.
Decisions to Withhold Certification. The Authority may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Authority, if in the Authority’s withholding is justified because of:
11.7.1 Defective Trade Contractor Work not remedied;
11.7.2 Third-party claims filed or reasonable evidence indicating probable filing of such claims;
11.7.3 Failure of the Trade Contractor to properly pay Subcontractors or Suppliers;
11.7.4 Reasonable evidence that the Trade Contractor Work cannot be completed for the unpaid balance of the Trade Contract Amount or by the required Contract Time;
11.7.5 Loss or damage incurred by the Authority or another party; or
11.7.6 Persistent failures to carry out the Trade Contractor Work in accordance with the Trade Contract Documents.
11.7.7 The Authority shall not be deemed to be in breach of the Trade Contract Documents by reason of the withholding of any payment pursuant to any provision of the Trade Contract Documents.
Decisions to Withhold Certification. § 12.4.6.1 The Architect or the Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s or Owner’s opinion the representations to the Owner required by this Agreement cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions, because of but not limited to:
.1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
Decisions to Withhold Certification. 9.4.1 Director may decline to issue a Certificate for Payment and may withhold payment in whole or in part to the extent reasonably necessary to protect City if, in Director’s opinion, there is reason to believe that:
9.4.1.1 nonconforming work has not been remedied;
9.4.1.2 the Work cannot be completed for unpaid balance of a CGMP or the GMP;
9.4.1.3 there is damage to City or another Contractor;
9.4.1.4 DESIGN-BUILD CONTRACTOR has persistently failed to complete the Work in accordance with the Project Schedule or the Work will not be completed within Contract Time and that unpaid balance will not be adequate to cover actual and liquidated damages;
9.4.1.5 evidence that third party claims will probably be filed in court, in arbitration, or otherwise;
9.4.1.6 DESIGN-BUILD CONTRACTOR has failed to make payments to Subcontractors or Suppliers or other third parties related to the Work;
9.4.1.7 DESIGN-BUILD CONTRACTOR has failed to carry out the Work in accordance with the Contract Documents;
9.4.1.8 The payment request has insufficient documentation to support the amount of payment requested;
9.4.1.9 DESIGN-BUILD CONTRACTOR fails to obtain, maintain or renew insurance coverage as required by the Contract Documents;
9.4.1.10 DESIGN-BUILD CONTRACTOR is in breach or default under the Contract Documents or any loss or damage may result from negligence by DESIGN- BUILD CONTRACTOR or any Subcontractor or failure of DESIGN-BUILD CONTRACTOR or any Subcontractor to perform their obligations under the Contract Documents.
9.4.1.11 DESIGN-BUILD CONTRACTOR has not paid Subcontractors or Suppliers because of a payment dispute limited to only that portion of DESIGN-BUILD CONTRACTOR’s payment related to said payment dispute;
9.4.1.12 DESIGN-BUILD CONTRACTOR has failed to provide satisfactory evidence described in Paragraphs 9.1.16 and 9.2.1.1; or
9.4.1.13 A determination that any amounts previously paid were the proper subject of a withholding hereunder.
9.4.2 When the above reasons for withholding a Certificate for Payment are removed, certification will be made for amounts previously withheld.
9.4.3 Director may decline to issue a Certificate for Payment and may withhold request for payment in whole or in part upon failure of DESIGN-BUILD CONTRACTOR to submit initial construction schedule or monthly schedule updates, as required in Paragraph 3.15 or elsewhere in the Contract Documents.
9.4.4 City shall at any time during regular business hours have the right to inspect an...
Decisions to Withhold Certification. 5.4.1 The Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Owner’s opinion the representations to the Owner required herein cannot be made. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Contractor. If the Contractor or Contractor and Owner, as the case may be, cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that can be certified. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner’s opinion to protect the Owner from loss for which the Contractor is responsible because of:
5.4.1.1 defective Work not remedied;
5.4.1.2 third party claims filed or reasonable evidence indicating probable filing of such claims;
5.4.1.3 failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment;
5.4.1.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price;
5.4.1.5 damage to the Owner or a separate contractor;
5.4.1.6 failure to maintain the scheduled progress, or reasonable evidence that the Work will not be completed within the Contract Time;
5.4.1.7 failure to comply with the requirements of Texas Government Code, Chapter 2258 (Prevailing Wage Law);
5.4.1.8 failure to include sufficient documentation to support the amount of payment
5.4.1.9 failure to obtain, maintain, or renew insurance coverage, payment/performance bonds or required by the Agreement; or
5.4.1. 10 repeated failure to carry out the Work in accordance with the Agreement.
5.4.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.
