Common use of Deductions from Payments Clause in Contracts

Deductions from Payments. 4.5.1 The Owner may withhold payment of any amount otherwise due and payable to the Contractor hereunder: 4.5.1.1 If the Owner shall have reasonable grounds for believing that: 4.5.1.1.1 the Contractor will be unable to perform the Work or any portion thereof fully and satisfactorily in accordance with the project Schedule or any approved Work Schedule; or 4.5.1.1.2 a meritorious claim exists or will exist against the Owner, the City, the Additional Insureds, or the Other Interested Parties, or any of their respective Representatives arising out of the act, omission or negligence of the Contractor or the Contractor’s breach of any provision of this Contract; or 4.5.1.1.3 as may be authorized pursuant to the terms and conditions of this Contract including, without limitation, amounts to cover the following: 4.5.1.1.4 Retainage (Section 4.2.5); 4.5.1.1.5 Liquidated Damages (Section 2.5); 4.5.1.1.6 deductions pursuant to Change Orders (Section 5.4); 4.5.1.1.7 costs related to “Terminations for Cause” (Section 7.7); 4.5.1.1.8 security for warrantied Materials and Equipment and labor (Section 11.3); 4.5.1.1.9 discharge of liens and claims (Article 16); 4.5.1.1.10 costs of cleanup and rubbish removal (Section 3.8.2 of the General Requirements of the Scope of Work Documents (Part V.A)); 4.5.1.1.11 costs incurred due to the Contractor’s failure to coordinate its work with other contractors (Section 2.6.2); 4.5.1.1.12 costs incurred due to delays caused to other contractors by the Contractor (Section 2.6.2); 4.5.1.1.13 costs incurred due to inspection, testing and correction of Work (Article 2 of the General Requirements of the Scope of Work Documents (Part V.A)); 4.5.1.1.14 amounts necessary to indemnify the Owner pursuant to Article 8 and any other relevant indemnification provisions of this Contract; or 4.5.1.1.15 amounts retained or paid to Subcontractors pursuant to Section 6.1.6; or 4.5.1.1.16 amounts incurred to complete the Project satisfactorily in accordance with the Owner’s M/WBE Program and in order to meet the Participation Goal set for the Contract (Section 18.10.2). 4.5.2 Any amount so withheld may be deducted from the Maximum Contract Price, or retained by the Owner for such period as it may deem advisable to protect the Owner and the City against any loss and may, after written Notice to the Contractor, be applied in satisfaction of any claim herein described. 4.5.3 The Contractor shall, at its sole cost and expense, within five (5) days of written request therefor, file with the Owner’s Representative and the Owner, a verified statement, in a form satisfactory to the Owner’s Representative and the Owner, certifying: 4.5.3.1 the amounts then due and owing for labor performed and Materials and Equipment furnished under this Contract; and 4.5.3.2 the names and amounts due each Subcontractor that remains unpaid to date.

Deductions from Payments. 4.5.1 The Owner may withhold payment of any amount otherwise due and payable to the Contractor hereunder: 4.5.1.1 If the Owner shall have reasonable grounds for believing that: 4.5.1.1.1 the Contractor will be unable to perform the Work or any portion thereof fully and satisfactorily in accordance with the project Schedule or any approved Work Schedule; or 4.5.1.1.2 a meritorious claim exists or will exist against the Owner, the City, the Additional Insureds, or the Other Interested Parties, or any of their respective Representatives arising out of the act, omission or negligence of the Contractor or the Contractor’s breach of any provision of this Contract; or 4.5.1.1.3 as may be authorized pursuant to the terms and conditions of this Contract including, without limitation, amounts to cover the following: 4.5.1.1.4 Retainage (Part I, Section 4.2.5); 4.5.1.1.5 Liquidated Damages (Part II, Section 2.5); 4.5.1.1.6 deductions pursuant to Change Orders (Part II, Section 5.4); 4.5.1.1.7 costs related to “Terminations for Cause” (Part II, Section 7.7); 4.5.1.1.8 security for warrantied Materials and Equipment and labor (Part II, Section 11.3); 4.5.1.1.9 discharge of liens and claims (Part II, Article 16); 4.5.1.1.10 costs of cleanup and rubbish removal (Section 3.8.2 of the General Requirements of the Scope of Work Documents (Part V.A), Section 3.8.2); 4.5.1.1.11 costs incurred due to the Contractor’s failure to coordinate its work with other contractors (Part II, Section 2.6.2); 4.5.1.1.12 costs incurred due to delays caused to other contractors by the Contractor (Part II, Section 2.6.2); 4.5.1.1.13 costs incurred due to inspection, testing and correction of Work (Article 2 of the General Requirements of the Scope of Work Documents (Part V.A), Article 2); 4.5.1.1.14 amounts necessary to indemnify the Owner pursuant to Part II, Article 8 and any other relevant indemnification provisions of this Contract; or 4.5.1.1.15 amounts retained or paid to Subcontractors pursuant to Part II, Section 6.1.6; or 4.5.1.1.16 amounts incurred to complete the Project satisfactorily in accordance with the Owner’s M/WBE Program and in order to meet the Participation Goal set for the Contract (Part II, Section 18.10.2). 4.5.2 Any amount so withheld may be deducted from the Maximum Contract Price, or retained by the Owner for such period as it may deem advisable to protect the Owner and the City against any loss and may, after written Notice to the Contractor, be applied in satisfaction of any claim herein described. 4.5.3 The Contractor shall, at its sole cost and expense, within five (5) days of written request therefor, file with the Owner’s Representative OR and the Owner, a verified statement, in a form satisfactory to the Owner’s Representative OR and the Owner, certifying: 4.5.3.1 the amounts then due and owing for labor performed and Materials and Equipment furnished under this Contract; and 4.5.3.2 the names and amounts due each Subcontractor that remains unpaid to date.

Deductions from Payments. 4.5.1 The Owner may withhold payment of any amount otherwise due and payable to the Contractor hereunder: 4.5.1.1 If the Owner shall have reasonable grounds for believing that: 4.5.1.1.1 the Contractor will be unable to perform the Work or any portion thereof fully and satisfactorily in accordance with the project Schedule or any approved Work Schedule; or 4.5.1.1.2 a meritorious claim exists or will exist against the Owner, the City, the Additional Insureds, or the Other Interested Parties, or any of their respective Representatives arising out of the act, omission or negligence of the Contractor or the Contractor’s breach of any provision of this Contract; or 4.5.1.1.3 4.5.1.2 as may be authorized pursuant to the terms and conditions of this Contract including, without limitation, amounts to cover the following: 4.5.1.1.4 4.5.1.2.1 Retainage (Section 4.2.5); 4.5.1.1.5 4.5.1.2.2 Liquidated Damages (Section 2.5); 4.5.1.1.6 4.5.1.2.3 deductions pursuant to Change Orders (Section 5.4); 4.5.1.1.7 4.5.1.2.4 costs related to “Terminations for Cause” (Section 7.7); 4.5.1.1.8 4.5.1.2.5 security for warrantied Materials and Equipment and labor (Section 11.3); 4.5.1.1.9 4.5.1.2.6 discharge of liens and claims (Article 16); 4.5.1.1.10 4.5.1.2.7 costs of cleanup and rubbish removal (Section 3.8.2 of the General Requirements of the Scope of Work Documents (Part V.A)); 4.5.1.1.11 4.5.1.2.8 costs incurred due to the Contractor’s failure to coordinate its work with other contractors (Section 2.6.2); 4.5.1.1.12 4.5.1.2.9 costs incurred due to delays caused to other contractors by the Contractor (Section 2.6.2); 4.5.1.1.13 4.5.1.2.10 costs incurred due to inspection, testing and correction of Work (Article 2 of the General Requirements of the Scope of Work Documents (Part V.A)); 4.5.1.1.14 4.5.1.2.11 amounts necessary to indemnify the Owner pursuant to Article 8 and any other relevant indemnification provisions of this Contract; or 4.5.1.1.15 4.5.1.2.12 amounts retained or paid to Subcontractors pursuant to Section 6.1.6; or 4.5.1.1.16 4.5.1.2.13 amounts incurred to complete the Project satisfactorily in accordance with the Owner’s M/WBE Program and in order to meet the Participation Goal set for the Contract (Section 18.10.2). 4.5.2 Any amount so withheld may be deducted from the Maximum Contract Price, or retained by the Owner for such period as it may deem advisable to protect the Owner and the City against any loss and may, after written Notice to the Contractor, be applied in satisfaction of any claim herein described. 4.5.3 The Contractor shall, at its sole cost and expense, within five (5) days of written request therefor, file with the Owner’s Representative and the Owner, a verified statement, in a form satisfactory to the Owner’s Representative and the Owner, certifying: 4.5.3.1 the amounts then due and owing for labor performed and Materials and Equipment furnished under this Contract; and 4.5.3.2 the names and amounts due each Subcontractor that remains unpaid to date.

Deductions from Payments. 4.5.1 The Owner may withhold payment of any amount otherwise due and payable to the Contractor hereunder: 4.5.1.1 If the Owner shall have reasonable grounds for believing that: 4.5.1.1.1 the Contractor will be unable to perform the Work or any portion thereof fully and satisfactorily in accordance with the project Schedule or any approved Work Schedule; or 4.5.1.1.2 a meritorious claim exists or will exist against the Owner, the City, the Additional Insureds, or the Other Interested Parties, or any of their respective Representatives arising out of the act, omission or negligence of the Contractor or the Contractor’s breach of any provision of this Contract; or 4.5.1.1.3 as may be authorized pursuant to the terms and conditions of this Contract including, without limitation, amounts to cover the following: 4.5.1.1.4 Retainage (Part I, Section 4.2.5); 4.5.1.1.5 Liquidated Damages (Part II, Section 2.5); 4.5.1.1.6 deductions pursuant to Change Orders (Part II, Section 5.4); 4.5.1.1.7 costs related to “Terminations for Cause” (Part II, Section 7.7); 4.5.1.1.8 security for warrantied Materials and Equipment and labor (Part II, Section 11.3); 4.5.1.1.9 discharge of liens and claims (Part II, Article 16); 4.5.1.1.10 costs of cleanup and rubbish removal (Section 3.8.2 of the General Requirements of the Scope of Work Documents (Part V.A), Section 3.8.2); 4.5.1.1.11 costs incurred due to the Contractor’s failure to coordinate its work with other contractors (Part II, Section 2.6.2); 4.5.1.1.12 costs incurred due to delays caused to other contractors by the Contractor (Part II, Section 2.6.2); 4.5.1.1.13 costs incurred due to inspection, testing testing, and correction of Work (Article 2 of the General Requirements of the Scope of Work Documents (Part V.A), Article 2); 4.5.1.1.14 amounts necessary to indemnify the Owner pursuant to Part II, Article 8 and any other relevant indemnification provisions of this Contract; or 4.5.1.1.15 amounts retained or paid to Subcontractors pursuant to Part II, Section 6.1.6; or 4.5.1.1.16 amounts incurred to complete the Project satisfactorily in accordance with the Owner’s M/WBE Program and in order to meet the Participation Goal set for the Contract (Part II, Section 18.10.2). 4.5.2 Any amount so withheld may be deducted from the Maximum Contract Price, or retained by the Owner for such period as it may deem advisable to protect the Owner and the City against any loss and may, after written Notice to the Contractor, be applied in satisfaction of any claim herein described. 4.5.3 The Contractor shall, at its sole cost and expense, within five (5) days of written request therefor, file with the Owner’s Representative OR and the Owner, a verified statement, in a form satisfactory to the Owner’s Representative OR and the Owner, certifying: 4.5.3.1 the amounts then due and owing for labor performed and Materials and Equipment furnished under this Contract; and 4.5.3.2 the names and amounts due each Subcontractor that remains unpaid to date.