Common use of Decisions to Withhold Certification Clause in Contracts

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.