Owner’s Right To Refuse Payment. The Design Professional’s approval of the Contractor’s invoice shall not preclude the Owner from exercising any of its remedies under this Agreement. In the event of a dispute, payment shall be made on or before the Payment Date for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner’s Project Representative shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to:
(i) the Contractor's failure to perform the Work in compliance with the requirements of this Agreement or any other agreement between the parties;
(ii) the Contractor’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise;
(iii) the Contractor’s performance of the Work at a rate or in a manner that, in the Owner’s Project Representative's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed;
(iv) the Contractor’s failure to use funds previously paid the Contractor by the Owner, to pay the Contractor’s Project-related obligations including, but not limited to, the Contractor’s subcontractors, materialmen, and suppliers;
(v) claims made, or likely to be made, against the Owner or its property;
(vi) loss caused by the Contractor or the Contractor’s subcontractors, or suppliers; or
(vii) the Contractor’s failure or refusal to perform any of its obligations to the Owner.
Owner’s Right To Refuse Payment. In the event of a dispute, payment shall be made on or before the date payment is due for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the DB due to:
15.4.1 the DB’s failure to perform the Work in compliance with the requirements of this Contract or any other agreement between the parties;
15.4.2 the DB’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise;
15.4.3 the DB’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed;
15.4.4 the DB’s failure to use funds previously paid the DB by the Owner, to pay the DB’s Project-related obligations including, but not limited to, the DB’s subcontractors and suppliers;
15.4.5 claims made, or likely to be made, against the Owner or its property;
15.4.6 loss caused by the DB or the DB’s subcontractors, or suppliers; or
15.4.7 the DB’s failure or refusal to perform any of its obligations to the Owner.
Owner’s Right To Refuse Payment. A Professional’s approval of the General Contractor’s invoice shall not preclude the Owner from exercising any of its remedies under this Contract For Construction. In the event of a dispute, payment shall be made in accordance with Part VII, Chapter 218, Florida Statutes, for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner, to the extent permitted by Part VII, Chapter 218, Florida Statutes, shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the General Contractor due to:
(i) the General Contractor's failure to perform the Work in compliance with the requirements of this Contract For Construction or any other agreement between the parties;
(ii) the General Contractor’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise;
(iii) the General Contractor’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed;
(iv) the General Contractor’s failure to use funds previously paid the General Contractor by the Owner, to pay the General Contractor’s Project-related obligations including, but not limited to, the General Contractor’s subcontractors, materialmen, and suppliers;
(v) claims made, or likely to be made, against the Owner or its property;
(vi) loss caused by the General Contractor or the General Contractor’s subcontractors, or suppliers; or
(vii) the General Contractor’s failure or refusal to perform any of its obligations to the Owner.
Owner’s Right To Refuse Payment. A Professional’s approval of the Construction Manager’s invoice shall not preclude the Owner from exercising any of its remedies under this Contract for Construction Management. These remedies include, without limitation the Owner’s right to withhold all or part of any payment (including Final Payment) for the reasons described in Paragraph 15.4.1 or in this Paragraph 15.5. In the event of a dispute, payment shall be made on or before the Payment Date for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Construction Manager to the extent due to:
15.5.1 The Construction Manager’s failure to perform the Work in compliance with the requirements of this Contract for Construction Management or any other agreement between the parties;
15.5.2 The Construction Manager’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise;
15.5.3 The Construction Manager’s performance of the Work at a rate or in a manner that, in the Owner's reasonable opinion, is likely to result in the Project being inexcusably delayed;
15.5.4 The Construction Manager’s failure to use funds previously paid the Construction Manager by the Owner, to pay the Construction Manager’s Project-related obligations including, but not limited to, the Construction Manager’s subcontractors, materialmen, and suppliers;
15.5.5 Claims made against the Owner or its property;
15.5.6 Loss caused by the Construction Manager or the Construction Manager’s subcontractors, or suppliers and not paid by insurance or covered by bonds provided by Construction Manager; or
15.5.7 The Construction Manager’s failure or refusal to perform any of its obligations to the Owner.
Owner’s Right To Refuse Payment. In the event of a dispute, payment shall be made on or before the date payment is due for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the CM due to:
15.4.1 the CM’s failure to perform the Work in compliance with the requirements of this Contract or any other agreement between the parties;
15.4.2 the CM’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise;
15.4.3 the CM’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed;
15.4.4 the CM’s failure to use funds previously paid the CM by the Owner, to pay the CM’s Project-related obligations including, but not limited to, the CM’s subcontractors and suppliers;
15.4.5 claims made, or likely to be made, against the Owner or its property;
15.4.6 loss caused by the CM or the CM’s subcontractors, or suppliers; or
15.4.7 the CM’s failure or refusal to perform any of its obligations to the Owner.
