Grounds for Withholding Payment. Contractor may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any previous Progress Payment to the extent necessary to protect Contractor from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed by lower tier subcontractors or suppliers, or Trusts, or reasonable evidence indicating probable filing of claim; (3) failure of Subcontractor to make payments properly to its subcontractors or suppliers, or for material, labor or collective bargaining unit, union fringe benefits and/ or Trusts; (4) a reasonable doubt that this Subcontract Agreement can be completed for the balance then unpaid; (5) penalties assessed against Contractor or Owner for failure of Subcontractor to comply with state, federal or local laws and regulations; or (6) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Subcontract Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Subcontractor.
Grounds for Withholding Payment. Contractor may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to the extent necessary to protect Contractor from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claim; (3) failure of Subcontractor to make payments properly to its subcontractors or for material, labor or fringe benefits; (4) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (5) damage to another subcontractor; (6) penalties assessed against Contractor or Subcontractor for failure of Subcontractor to comply with state, federal or local laws and regulations; or (7) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Subcontractor.
Grounds for Withholding Payment. A. Owner may withhold payment due Contractor for Defective Work which has not been corrected in compliance with terms of this agreement.
B. Owner may withhold payment due Contractor on the filing of a legal Claim against Contractor by any third party if the Claim relates to the subject matter of this contract and (1) May result in a lien on the Project, or (2) May result in a judgment for damages against Owner. Filing of a legal Claim shall not constitute grounds to withhold payment if Contractor has insurance coverage which would prevent loss to Owner from the legal Claim made.
C. If Owner withholds any payment under terms of this agreement, Owner will notify Contractor in writing of the amount being withheld, the reason why payment is withheld, and what must be done to release the payment otherwise due.
D. Grounds entitling Owner to withhold certain amounts due Contractor under this agreement shall not relieve Owner from the obligation to pay Contractor other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists.
Grounds for Withholding Payment. Contractor may withhold or, on account or subsequently discovered evidence, nullify the whole or part of any payment to the extent necessary to protect Contractor from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claim; (3) failure of Subcontractor to make payments properly to its subcontractor or for material, labor or fringe benefits; (4) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (5) damage to the Project or to another subcontractor; (6) penalties assessed against Contractor or Subcontractor for failure of Subcontractor to comply with state, federal or local laws and regulations; or (7) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Subcontractor. Such withholdings may be made by Contractor whether or not said sums are in any way related to this Agreement or Project. Contractor may apply such deducted funds to any account, related or unrelated to this Agreement or Project, wherein the obligations of the Subcontractor have not been discharged as determined by the Contractor, and wherein the Contractor’s interest is directly or indirectly involved. In the event Subcontractor is in default of, or breaches or fails to comply with any provision, covenant or requirement of this Agreement; or in the event that any person or entity asserts, or indicates that he will assert, any lien, claim, demand, or charge against the Project or land or improvements or funds related to the Project, or against the Owner, the Contractor or any surety, arising from Subcontractor’s performance of this Agreement, the Contractor may withhold out of any payments due or to become due to the Subcontractor such amounts as the Contractor, in its discretion, may deem sufficient to completely protect and indemnify the Contractor and the Owner from any and all loss, damage and/or expense therefrom, including attorney’s fees and litigation costs, until the condition requiring such measures has been remedied by Subcontractor to the satisfaction of Contractor. If the offending condition is not remedied by Subcontractor within a reasonable period of time, Contractor may, at its option, proceed to make application of the withheld funds in whatever manner Contracto...
Grounds for Withholding Payment. Notwithstanding anything to the contrary in this Section, the Designer may withhold a certificate for payment from the CM and the Owner may withhold payment from the CM, 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 payment 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:
10.5.1. Defective Work not remedied after notice in accordance with this Agreement;
10.5.2. Third-party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the CM;
10.5.3. Failure of the CM or Contractor(s) to make payments properly to subcontractors or sub- subcontractors or for labor, materials or equipment;
10.5.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the GMP;
10.5.5. Damage to the Owner or another Contractor;
10.5.6. Reasonable evidence that the Work will not be completed within the contract time, and that the unpaid balance of the GMP would not be adequate to cover actual or liquidated damages for the anticipated delay;
10.5.7. Failure to carry out the Work in accordance with the Contract Documents;
10.5.8. Failure to provide sales tax documentation as required by the Owner;
10.5.9. Failure or refusal of the CM or Contractors to submit the required information on minority business enterprises;
10.5.10. Any other reason deemed necessary by the Designer to protect the Owner unless arbitrary and unreasonable; or
10.5.11. Subsequently discovered evidence that Work previously approved was not performed in accordance with the Contract Documents.
10.5.12. When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.
Grounds for Withholding Payment. Contractor may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to the extent necessary to protect Contractor from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claim; (3) failure of Subcontractor to make payments properly to its subcontractors, suppliers, unions, employees, etc. or for material, labor or fringe benefits; (4) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (5) damage to another subcontractor; (6) penalties assessed against Contractor by Owner due to the actions and/or inactions of Subcontractor or for failure of Subcontractor to comply with state, federal or local laws and regulations; or (7) failure to comply with the administrative requirements, forms, insurance, etc. required by this Subcontract. Where Subcontractor repeatedly fails to submit complete and/or accurate documents in a timely manner, Subcontractor agrees to pay to Contractor an administrative fee of $100 for excessive administration costs incurred by Contractor; (8) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Subcontractor.
Grounds for Withholding Payment. A. Owner may withhold payment due Estimator for Defective Work which has not been corrected in compliance with terms of this agreement.
B. Owner may withhold payment due Estimator when reasonable evidence exists that the PROJECT COST cannot be completed for the unpaid balance of the contract amount. Inability to complete the Project for the unpaid balance shall not constitute grounds to withhold payment if Estimator has provided a completion Bond from a licensed Surety guaranteeing completion of the PROJECT COST.
C. Owner may withhold from payments due Estimator a sum adequate to reimburse Owner for any damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect of Estimator or by anyone for whom Estimator may be liable. Damage to Owner shall not constitute grounds to withhold payment if Estimator has insurance coverage which would prevent loss to Owner from the damage claimed.
D. Owner may withhold payment due Estimator for unauthorized deviations from the Contract Documents or persistent failure to observe Requirements of the Contract Documents.
E. Owner may withhold payment due Estimator for neglect of Estimator to obtain a required permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such neglect of Estimator has a material impact on satisfactory completion of the PROJECT COST in compliance with the Contract Documents.
F. Owner may withhold payment due Estimator for failure to keep Work progressing in an orderly manner consistent with a reasonable time schedule.
G. If Owner withholds any payment under terms of this agreement, Owner will notify Estimator in writing of the amount being withheld, the reason why payment is withheld, and what must be done to release the payment otherwise due.
H. Grounds entitling Owner to withhold certain amounts due Estimator under this agreement shall not relieve Owner of the obligation to pay Estimator other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists.
I. Payments made by Owner with knowledge of a Defect, Claim, damage, delinquency, neglect, or failure of Estimator does not constitute waiver of the right of Owner to withhold payment at a later date for an earlier Defect, Claim, damage, delinquency, neglect, or failure by Estimator.
J. Owner may withhold from the current payment an amount which could have been withheld from an earlier payment had a late...
Grounds for Withholding Payment. Contractor may withhold, or on account of subsequently discovered evidence, nullify the whole or part of any payment to Subcontractor to the extent necessary to protect Contractor from loss, including costs, attorneys’ fees, and expert’s fees on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating the probable filing of a claim; (3) failure of Subcontractor to make payments promptly or properly to its subcontractors or for material, labor or fringe benefits;
Grounds for Withholding Payment. Contractor may reduce or withhold payments, in whole or in part, reject a Subcontractor payment application, nullify a previously approved Subcontractor payment application, in whole or in part, to the extent necessary to protect Contractor from loss, including costs and actual attorney's and consultant fees, and litigation costs, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claim; (3) failure of Subcontractor to make payments properly to its subcontractors or for material, labor or fringe benefits; (4) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (5) damage to another subcontractor; (6) penalties assessed against Contractor or Subcontractor for failure of Subcontractor to comply with state, federal or local laws and regulations; or (7) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Subcontractor. In addition, and without limiting any of its other rights and remedies, Contractor shall be entitled to withhold and to setoff against any amounts owed to Subcontractor any liabilities or amounts owed to Contractor by Subcontractor (including, to the extent permitted by law, those that relate to or arise from other projects); Subcontractor agrees to and accepts any such setoff as full payment under this Agreement and for purposes of mechanics’ lien, stop payment notice, and bond statutes and remedies.
Grounds for Withholding Payment. A. Owner may withhold payment due Contractor for Defective Work which has not been corrected in compliance with terms of this agreement.
B. Grounds entitling Owner to withhold certain amounts due Contractor under this agreement shall not relieve Owner from the obligation to pay Contractor other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists.
C. Should any mediation, arbitration or court proceeding determine that Owner was not justified in withholding payment to Contractor, the amount wrongfully withheld shall be treated as an unpaid balance and accrue interest as provided by Law or this contract from the Calendar Day payment was wrongfully withheld.
