Common use of Decisions to Withhold Certification Clause in Contracts

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.

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;the 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 paymentpayment requested for the Project; 5.4.1.9 failure to obtain, maintain, or renew insurance coverage, payment/performance bonds or warranty bond 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.

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;the 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 paymentpayment requested for the Project; 5.4.1.9 failure to obtain, maintain, or renew insurance coverage, payment/performance bonds or warranty bond required by the AgreementContract Documents; or 5.4.1. 10 5.4.1.10 repeated failure to carry out the Work in accordance with the AgreementContract Documents. 5.4.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.