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

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.