Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement.
Owner’s Right to Withhold Payment. 6.8.1 Notwithstanding anything to the contrary contained herein, upon the occurrence and continuance of any of the following events, Owner, upon Notice to Contractor, may withhold or retain such portion (including all) of any payment due to Contractor under this Agreement as reasonably necessary to ensure the performance of the Work or to protect fully Owner’s rights hereunder:
(a) Contractor is in default under Section 31.1 or has otherwise failed to perform any of its material obligations hereunder, but excluding (i) defaults for which the payment of liquidated damages is the sole and exclusive remedy as provided in Article 22, and (ii) costs attributable to any such default that are otherwise Direct Costs as provided in Exhibit B-1;
(b) there exists any outstanding and unpaid payment obligation owing by Contractor;
(c) provided that Contractor is then obligated to indemnify Owner for liens, (i) Contractor is not able to indemnify Owner to Owner’s satisfaction against any such lien that shall be registered against the Job Site, Facility (or any portion thereof), any Materials, any land or improvements pertinent thereto and such lien shall remain undischarged or (ii) Contractor, Owner or the Lenders shall have received any claims for liens arising in connection with this Agreement which have not been withdrawn, all arising as a result of any acts or omission of Contractor or any Subcontractors or Agent For Contractors;
(d) Owner is required in accordance with applicable Laws to withhold Taxes payable by Contractor in respect of the Work;
(e) there is an assessment of any fines or penalties against Owner as a result of Contractor’s failure to comply with applicable Law, Permits or Applicable Codes and Standards;
(f) Contractor has failed to make payments to Subcontractors as required under their respective Subcontracts, excluding the right of Contractor to withhold payments to Subcontractors as provided under the terms of the applicable Subcontract; or
(g) Owner has incurred any other Non-Reimbursable Costs or liabilities for which Contractor is responsible hereunder.
6.8.2 Owner’s right to withhold amounts pursuant to this Section 6.8 shall not be deemed to in any way reduce Owner’s rights to withhold amounts due to Contractor under any other Section hereof. If Owner withholds amounts pursuant to this Section 6.8, Owner shall promptly inform Contractor of the reason therefor and once Contractor has corrected the reasons for the withholding, Owner shall pa...
Owner’s Right to Withhold Payment. When it reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the DB will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the DB the daily amount specified for liquidated damages in this Article for each calendar day of the unexcused delay.
17.5.1 If and when the DB overcomes the delay in timely achieving Substantial Completion or Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the DB those funds withheld, but no longer applicable, as liquidated damages.
17.5.2 Delay caused by labor disputes, picketing, employee boycotts, or the like which directly or indirectly involves employees of the DB or its subcontractors and suppliers is not the responsibility of the Owner and will result in time extensions only if agreed to in writing by the Owner at the time such events arise.
Owner’s Right to Withhold Payment. When it reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the General Contractor will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the General Contractor the daily amount specified for liquidated damages in this Article for each calendar day of the unexcused delay.
17.5.1 If and when the General Contractor overcomes the delay in timely achieving Substantial Completion or Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the General Contractor those funds withheld, but no longer applicable, as liquidated damages.
17.5.2 Delay caused by labor disputes, picketing, employee boycotts, or the like which directly or indirectly involves employees of the General Contractor or its subcontractors and suppliers is not the responsibility of the Owner and will result in time extensions only if agreed to in writing by the Owner at the time such events arise.
Owner’s Right to Withhold Payment. Any provision hereof to the contrary notwithstanding, Owner shall, to the extent reasonably required to protect Owner, be entitled to withhold any payment (whether a progress payment or final payment) if any one or more of the following conditions exists:
(a) Contractor is in breach or default under this Agreement;
(b) Any part of such payment is attributable to Work that was not performed strictly in accordance with this Agreement; provided, however, such payment shall be made as to the part thereof attributable to Work that was performed strictly in accordance with this Agreement; or
(c) Owner determines that the portion of the Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with this Agreement, in which case no additional payments will be due Contractor hereunder unless and until Contractor, at Contractor’s sole cost, performs a sufficient portion of the remaining Work so that such portion of the Contract Sum then remaining unpaid is determined by Owner to be sufficient to complete the then remaining Work. Nothing contained herein shall require the Owner to pay the Contractor any amount in excess of the Construction Cost Limitation.
Owner’s Right to Withhold Payment. When it reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the Construction Manager will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Construction Manager the daily amount specified for liquidated damages in this Article for each calendar day of the unexcused delay.
17.5.1 If and when the Construction Manager overcomes the delay in timely achieving Substantial Completion or Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
17.5.2 Delay caused by labor disputes, picketing, employee boycotts, or the like which directly or indirectly involves employees of the Construction Manager or its subcontractors and suppliers is not the responsibility of the Owner and will result in time extensions only if agreed to in writing by the Owner at the time such events arise.
Owner’s Right to Withhold Payment. Owner may withhold payment or, because of subsequently discovered evidence or subsequent observations, it may nullify the whole or any part of any payment previously issued, to such extent as it may be necessary in its opinion to protect Owner from loss because:
3.4.1 Contractor fails to properly respond to notices issued by Owner or the Contracting Officer pursuant to Section 2.1.7 or 3.2; or
3.4.2 Contractor is in material default under the Contract Documents; or
3.4.3 Any part of such payment is attributable to Work which is defective or not performed in accordance with the Drawings and Specifications, as determined by the Contracting Officer; provided, however, such payment shall be made as to the part thereof attributable to Work which is performed in accordance with the Drawings and Specifications and is not defective, reserving, however, such amount as may be reasonably necessary to protect Owner with respect to defective Work; or
3.4.4 Contractor has failed to make payments in accordance with the Subcontract documents to Subcontractors, Sub-Subcontractors, Suppliers, laborers or materialmen or for material or labor used in the Work; or
3.4.5 Any part of such payment is attributable to Work with respect to which any Party has filed an undischarged claim against any payment or performance bonds; or
3.4.6 Third-party claims have been filed or there is reasonable evidence indicating the probable filing of such claims; or
3.4.7 Owner has reasonable indication that the Work will not be completed by any Key Completion Time; or
3.4.8 If Owner determines that the portion of the Contract Price then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents, whereupon no additional payments will be due to Contractor unless and until Contractor, at no cost to Owner, performs, and pays in full for, a sufficient portion of the Work so that such portion of the Contract Price then remaining unpaid is determined by Owner to be sufficient to so complete the Work.
Owner’s Right to Withhold Payment. 4.3.1 In the event that the Owner becomes credibly informed that any representations of the Consultant, provided pursuant to Subsection 4.1.2, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of this Agreement, the Owner may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, or other breach of Agreement, and the cause thereof, is corrected to the Owner's reasonable satisfaction. Furthermore, the Owner reserves the right to withhold retainage in the amount of ten percent (10%) of any payment due the Consultant for a particular phase of the work until such time as the particular phase is completed to the Owner's satisfaction; said retainage may be withheld at the sole discretion of the Owner and as security for the successful completion of the Consultant's duties and responsibilities under this Agreement.
Owner’s Right to Withhold Payment. Owner shall be entitled to withhold payment from Contractor to the extent reasonably necessary to protect Owner as a result of (a) defective Work not remedied, (b) third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Owner is provided by the Contractor, (c) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, (d) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum,
Owner’s Right to Withhold Payment. 6.8.1 Notwithstanding anything to the contrary contained herein, upon the occurrence and continuance of any of the following events, Owner, upon Notice to Contractor, may withhold or retain such portion (including all) of any payment due to Contractor under this Agreement as reasonably necessary to ensure the performance of the Work or to protect fully Owner’s rights hereunder:
