Decisions to Withhold Payment. THE DESIGNER MAY WITHHOLD A CERTIFICATE FOR PAYMENT IN WHOLE OR IN PART, TO THE EXTENT REASONABLY NECESSARY TO PROTECT THE OWNER. IF THE DESIGNER IS UNABLE TO CERTIFY PAYMENT IN THE AMOUNT OF THE APPLICATION, THE DESIGNER WILL NOTIFY THE CM AND THE OWNER IN WRITING. IF THE CM AND DESIGNER CANNOT AGREE ON A REVISED AMOUNT, THE DESIGNER WILL PROMPTLY ISSUE A CERTIFICATE FOR PAYMENT FOR THE AMOUNT FOR WHICH THE DESIGNER IS ABLE TO MAKE SUCH REPRESENTATIONS TO THE OWNER. THE DESIGNER MAY ALSO WITHHOLD A CERTIFICATE FOR PAYMENT, IN WHOLE OR IN PART, TO SUCH EXTENT AS MAY BE NECESSARY IN THE DESIGNER’S OPINION TO PROTECT THE OWNER FROM LOSS FOR WHICH THE CM OR THE CONTRACTOR(S) IS RESPONSIBLE, INCLUDING LOSS RESULTING FROM ACTS AND OMISSIONS, BECAUSE OF: .2 THIRD PARTY CLAIMS FILED OR REASONABLE EVIDENCE INDICATING PROBABLE FILING OF SUCH CLAIMS UNLESS SECURITY ACCEPTABLE TO THE OWNER IS PROVIDED BY THE CM; .3 FAILURE OF THE CM OR CONTRACTOR(S) TO MAKE PAYMENTS PROPERLY TO SUB-CONTRACTORS OR FOR LABOR, MATERIALS OR EQUIPMENT;
Decisions to Withhold Payment. The Owner may decide to withhold payment in whole, or in part, to the extent reasonably necessary to protect the Owner. In addition, the Owner may withhold payment, in whole, or in part, to such extent as may be necessary to protect the Owner from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Contract Documents.
Decisions to Withhold Payment. A.
9.4.1 The Owner may withhold a 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 Application for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible, including loss resulting from acts and omissions, because of the following:
.1 defective Work not remedied; .2 third-party claims filed; .3 failure of the Design-Builder to make payments properly to Contractors or for design 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 Payment. 9.3.1. Owner may withhold payment in whole or in part, or based on subsequently discovered evidence, may reduce payments otherwise due, to such extent as may be appropriate to protect Owner from loss for which Contractor is responsible because of:
.1 defective Work not remedied;
.2 any third party claim filed, unless security acceptable to Owner is provided by Contractor or the claim is released as against the Project;
.3 failure of Contractor to make payments to Subcontractors or for labor, materials or equipment from sums advanced to Contractor pursuant to an Application for Payment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to Owner or another contractor for which Contractor is responsible under the terms of the Contract; or
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance of the Contract Sum would not be adequate to cover actual or liquidated damages for the anticipated delay for which Contractor is responsible under the terms of the Contract.
9.3.2. Payment will be made for amounts previously withheld to the extent the reason for withholding payment, as provided above, is removed.
Decisions to Withhold Payment. 18.4.1 Reasons to Withhold Payment The District may withhold payment in whole, or in part, to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. The District may withhold payment, in whole, or in part, to such extent as may be necessary to protect the District from loss because of, but not limited to:
18.4.1.1 Failure to commence and diligently pursue remediation of Defective Work within SEVENTY- TWO (72) hours of written notice to Developer;
18.4.1.2 Stop Notices or other liens served upon the District as a result of the Contract Documents;
18.4.1.3 Liquidated damages assessed against the Developer;
18.4.1.4 The cost of completion of the Contract Documents if there exists reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Maximum Price or by the Contract Time;
18.4.1.5 Damage to the District or other contractor(s);
18.4.1.6 Unsatisfactory prosecution of the Work by the Developer;
18.4.1.7 Failure to store and properly secure materials;
18.4.1.8 Failure of the Developer to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Schedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports;
18.4.1.9 Failure of the Developer to maintain As-Built Drawings;
18.4.1.10 Erroneous estimates by the Developer of the value of the Work performed, or other false statements in an Application for Payment;
18.4.1.11 Unauthorized deviations from the Contract Documents;
18.4.1.12 Failure of the Developer to prosecute the Work in a timely manner in compliance with the Construction Schedule, established progress schedules, and/or completion dates;
18.4.1.13 If the District has an LCP in force on this Project, the failure to provide certified payroll records as required by the LCP, by State labor compliance, by these Contract Documents or by written request for each journeyman, apprentice, worker, or other employee employed by the Developer and/or by each Subcontractor in connection with the Work for the period of the Application for Payment or if payroll records are delinquent or inadequate;
18.4.1.14 Failure to properly pay prevailing wages as required in Labor Code section 1720 et seq., failure to comply...
Decisions to Withhold Payment. A.9.5.1 The Owner may withhold a 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 Application for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible, including loss resulting from acts and omissions, because of the following:
Decisions to Withhold Payment. 5.1 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 Work has not progressed to the point indicated, that the quality of the Work is not in accordance with the Contract Documents, or that the Contractor is otherwise not entitled to payment in the amount requested. The Owner may also withhold a progress payment or, because of subsequently discovered evidence, may nullify the whole or a part of a progress 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, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied;
Decisions to Withhold Payment. Reasons to Withhold Payment
Decisions to Withhold Payment. Cherokee Nation Entertainment may decline to make payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or any part of any payment request previously received and/or withhold payment to such extent as may be necessary to protect Cherokee Nation Entertainment for any loss resulting from the Architect’s failure to carry out the Architect’s duties in accordance with this Architect’s Agreement. Cherokee Nation Entertainment’s decision to withhold payment from Architect does not entitle Architect to suspend or terminate performance of this Architect’s Agreement.
Decisions to Withhold Payment. Cherokee Nation Entertainment may decline to make payment because of subsequently discovered evidence or subsequent observations, may nullify the whole or any part of any Progress Payment Request previously received and/or withhold payment to such extent as may be necessary to protect Cherokee Nation Entertainment for loss because of:
(1) defective Work not remedied;
(2) third party claims filed or reasonable evidence indicating the probable filing of such claims;
(3) failure of Contractor to make payments properly to suppliers or subcontractors or for labor, materials or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the subcontract amount;
(5) damage to Cherokee Nation Entertainment or another contractor or property of another;
(6) reasonable evidence that the Work will not be completed within the time permitted for completion of the Project;
(7) failure to carry out the Work in accordance with the Contract Documents; or
(8) materially inaccurate or incomplete information provided with the Certificate of Payment.
