Common use of Owner’s Right To Refuse Payment Clause in Contracts

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. The Design Professional’s approval of the ContractorBuilder’s invoice shall not preclude the Owner from exercising any of its remedies under this Agreementthe Contract for Construction. In the event of a dispute, payment shall be made on or before within the Payment Date timeframe(s) prescribed herein for amounts not in dispute, subject to any setoffs exceptions claimed by the Owner. The Owner’s Project Representative Owner shall have the right to refuse to make payment and, if necessary, may demand the return of all or a portion or all of the amount previously paid to the Contractor Builder due to: (i) the ContractorBuilder's failure to perform the Work in compliance with the requirements of this Agreement the Contract for Construction or any other agreement between the parties; (ii) the ContractorBuilder’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; (iii) the ContractorBuilder’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 ContractorBuilder’s failure to use funds previously paid the Contractor Builder by the Owner, Owner to pay the ContractorBuilder’s Project-related obligations including, but not limited to, the ContractorBuilder’s subcontractors, materialmen, and suppliers; (v) claims made, or likely to be made, against the Owner or its propertyOwner; (vi) loss caused by the Contractor Builder or the ContractorBuilder’s subcontractors, subcontractors or suppliers; or (vii) the ContractorBuilder’s failure or refusal to perform any of its obligations to the Owner.

Owner’s Right To Refuse Payment. The Design Professional’s approval of the General 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 General Contractor due to: (i) the General Contractor's failure to perform the Work in compliance with the requirements of this Agreement 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 Project Representative'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. The Design Professional’s approval of the General Contractor’s invoice Application for Payment 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 General Contractor due to: (i) the General Contractor's failure to perform the Work in compliance with the requirements of this Agreement 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 Project Representative'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.