Common use of Grounds for Withholding Payment Clause in Contracts

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 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, General 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 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 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, General 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.. SAMPLE