Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 17 contracts
Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract, Cm/Gc Contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work Work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 6 contracts
Samples: Construction Manager/General Contractor Contract, Cm/Gc Contract, Construction Manager/General Contractor Contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, payment final payment, or partial or entire use or occupancy of the Project by the Owner Department shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 5 contracts
Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, of final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 5 contracts
Samples: Cm/Gc Contract, Cm/Gc Contract, Cm/Gc Contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, retainage and final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 3 contracts
Samples: Construction Manager/General Contractor Contract, Public Improvement Agreement, Cm/Gc Contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpaymentacceptance.
Appears in 3 contracts
Samples: Construction Manager/General Contractor Contract, Public Improvement Agreement, Cm/Gc Contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, or final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 3 contracts
Samples: Cm/Gc Contract, Construction Manager/General Contractor Contract, Cm/Gc Contract
Effect of Payment. Neither approval Approval of an application Application for payment, Payment or issuance of a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall does not constitute acceptance of work Work not conforming to the Contract Documents, or waiver of the right to assert overpayment.
Appears in 1 contract
Samples: Construction Manager/General Contractor Services Agreement
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Documents, or a waiver of the Owner’s right to assert overpayment.
Appears in 1 contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work not conforming to the Contract Agreement Documents, or waiver of the right to assert overpayment.
Appears in 1 contract
Effect of Payment. Neither approval of an application for payment, a progress payment, release of retainage, final payment, or nor partial or entire use or occupancy of the Project by the Owner shall constitute acceptance of work Work not conforming to the Contract Documents, or waiver of the right to assert any Claim by Owner, including a Claim based on overpayment.
Appears in 1 contract