Payments Withheld. 9.6.1 The Architect may decline to certify payment and may withhold his or her Certificate in whole or in part, to the extent necessary reasonably to protect the State, if in the Architect’s opinion he or she is unable to make representations to the State as provided in Subparagraph
9.4.2 of these General Conditions. If the Architect is unable to make representations to the State as provided in the aforementioned Subparagraph 9.4.2 and to certify payment in the amount of the Application, he or she will notify the Contractor as provided in Subparagraph 9.4.1
Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Architect/Engineer if any one or more of the following conditions precedent exist:
a) Architect/Engineer is in breach or default under this Agreement;
b) Any portion of a payment is for services that were not performed in accordance with this Agreement; provided, however, payment shall be made for those services which were performed in accordance with this Agreement;
c) Architect/Engineer has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Architect/Engineer;
d) If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this Agreement; or
e) Architect/Engineer has failed to achieve a level of performance necessary to maintain the project schedule.
f) Architect/Engineer fails to comply with conditions set forth in the HUB Subcontracting Plan, including but not limited to the submission of the HSP - Prime Contractor Progress Assessment Report with each monthly invoice.
7.3.2 No deductions shall be made from the Architect/Engineer’s compensation on account of liquidated damages or other sums withheld from payments to Contractor or on account of the cost of changes in the Work other than those for which the Architect/Engineer is liable.
Payments Withheld. The Program Manager or Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any application for payment or certificate to such extent as may be necessary to protect the Owner from loss on account of:
(a) Defective work not remedied
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the Contractor to make payments properly to subcontractor or for materials or labor.
(d) A reasonable doubt that the contract can be completed for the balance then unpaid.
(e) Damage to another contractor or to some third party.
(f) Failure to maintain a rate of progress in accordance with the construction progress schedule.
(g) Failure to supply enough skilled workmen or proper materials. When the above grounds are removed, payment shall be made for amounts withheld because of them. With regard to cases (b) and (c) above, the Owner may agree to payment upon receipt of a satisfactory Bond to Discharge Claim in the amount of double the claim (see Section 6, Contract Forms). At the option of the Owner adherence to the construction progress schedule shall be a condition precedent to the right of the Design-Builder to demand payment of an application for payment or certificate. No omission on the part of the Owner to exercise the aforesaid option shall be construed to be a waiver of breach of the construction progress schedule or acquiescence therein, and the Owner may exercise its option from time to time and as often as may be expedient.
Payments Withheld. 10.5.1 No deductions shall be made from the Architect’s compensation on account of penalty, liquidated damages or other sums withheld from payments to XXXX, or on account of the cost of changes in the work other than those for which the Architect has been found to be liable.
Payments Withheld. (1) The Owner may withhold the payment in whole or in part, if necessary, to reasonably protect the Owner. If the A/E is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the Owner as provided in Section 109.06(d)(1). If the Contractor and the Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The Owner may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the Owner may nullify the whole or any part of any Certificate for Payment previously issued.
(2) The Owner may withhold from the Contractor so much of any payment approved by the A/E, as may in the judgment of the Owner be necessary:
a. To protect the Owner from loss due to defective work not remedied;
b. To protect the Owner upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims;
c. To protect the Owner upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum;
d. To protect the Owner upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or
e. To protect the Owner upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents.
(3) If required by the Owner-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that...
Payments Withheld. 4.1. The County’s Representative or the County may decline to approve any application for payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm under this Agreement or any other agreement between the County and Design-Build Firm, to such extent as may be necessary in the County's opinion to protect it from loss because of:
4.1.1. Defective Work not remedied;
4.1.2. Third party claims filed or reasonable evidence indicating probable filing of such claims;
4.1.3. Failure of Design-Build Firm to make payment properly to Subcontractors or for labor, materials or equipment;
4.1.4. Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
4.1.5. Reasonable indication that the Work will not be completed within the Contract Time;
4.1.6. Unsatisfactory prosecution of the Work by the Design-Build Firm;
4.1.7. Failure to provide accurate and current Record Drawings; or
4.1.8. Any other material breach of the Contract Documents.
4.2. If these conditions in Subsection 4.1 are not remedied or removed, the County may, after three (3) days’ written notice, rectify the same at Design-Build Firm's expense. The County also may offset against any sums due Design-Build Firm the amount of any Liquidated or unliquidated obligations of Design-Build Firm to the County, whether relating to or arising out of this Agreement or any other agreement between Design-Build Firm and the County.
Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Project Architect if any one or more of the following conditions precedent exist:
a) Project Architect is in breach or default under this Agreement;
b) Any portion of a payment is for services that were not performed in accordance with this Agreement provided, however, payment shall be made for those services which were performed in accordance with this Agreement;
c) Project Architect has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Project Architect;
d) If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this Agreement; or
e) Project Architect has failed to achieve a level of performance necessary to maintain the project schedule.
7.3.2 No deductions shall be made from the Project Architect’s compensation on account of liquidated damages or other sums withheld from payments to Contractors or on account of the cost of changes in the Work other than those for which the Project Architect may be liable.
Payments Withheld. In addition to disputed amounts set forth in an Invoice, Owner may, in addition to any other rights under this Agreement, and upon giving Contractor ten (10) Days’ prior written notice referenced in Section 7.8, withhold payment on an Invoice or a portion thereof, or collect on the Letter of Credit, in an amount and to such extent as may be reasonably necessary to protect Owner from loss due to:
A. Defective Work that Contractor is required to correct under Section 12.2A or 12.3, unless Contractor has, within fourteen (14) Days of a separate written notice given prior to the ten (10) Day notice referenced in Section 7.8, either (i) remedied, or commenced to remedy, as applicable, such Defective Work in accordance with Section 12.2A or 12.3 or (ii) if such Defective Work cannot be remedied in accordance with Section 12.2A or 12.3 by the exercise of reasonable diligence within such fourteen (14) Day period, provided Owner with a written plan, reasonably acceptable to Owner, to remedy such Defective Work and commenced the remedy of such Defective Work;
B. liens or other encumbrances on all or a portion of the Site, the Work or the Project, which are filed by any Subcontractor, any Sub-subcontractor or any other Person acting through or under any of them unless Contractor has, within fourteen (14) Days of a separate written notice given prior to the ten (10) Day notice referenced in Section 7.8, taken any of the following actions: (i) paid, satisfied or discharged the applicable liability, (ii) removed the lien or other encumbrance, or (iii) provided Owner with a bank guarantee or bond reasonably satisfactory to Owner and Lender in the applicable amount;
C. any material breach by Contractor of any term or provision of this Agreement; unless Contractor has, within fourteen (14) Days of a separate written notice given prior to the ten (10) Day notice referenced in Section 7.8, either (i) cured such breach or (ii) if such breach cannot be cured by the exercise of reasonable diligence within such fourteen (14) Day period, Contractor has commenced corrective action and is diligently exercising all commercially practicable efforts to cure such breach;
D. the assessment of any fines or penalties against Owner as a result of Contractor’s failure to comply with Applicable Law or Applicable Codes and Standards;
E. amounts paid by Owner to Contractor in a preceding Month incorrectly (in which case, Section 7.9 shall apply);
F. Liquidated Damages which Contractor owes und...
Payments Withheld. The County’s Project Manager may decline to recommend payment and may withhold the Progress Payment Request in whole or part, to the extent necessary to protect County, if in its opinion it is unable to make correct and accurate representations to County Auditor. If the County’s Project Manager is unable to make representations to the County Auditor and to certify payment in the amount of the Progress Payment Request, it will notify the Contractor. If the Contractor, and the County’s Project Manager cannot agree on a revised amount, the County’s Project Manager will promptly issue a Progress Payment Request in the amount for which it is able to make such representations to the County Auditor. The County’s Project Manager may also decline to certify payment or any part thereof or, because of subsequent observations, they may nullify the whole or any part of any Progress Payment Request previously issued, to such extent as may be necessary in its opinion to protect the Defective work not remedied;
a) Defective work not remedied;
b) Third party claims filed;
c) Failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment;
d) Reasonable evidence, that the work cannot be completed for the unpaid balance of the contract sum;
e) Damage to the County or another Contractor;
f) Reasonable evidence, that the work will not be or has not been completed within the contract time or specific dates;
g) Failure to carry out the work in accordance with the Contract;
h) Stop notices filed for any portion of the work; or
i) Failure, or refusal of the Contractor to fully comply with the Contract requirements.
Payments Withheld. The Owner or Program Manager may withhold from the Cost of the Work or, on account of subsequently discovered evidence, nullify the whole or a part of any pay request or certificate to such extent as may be necessary to protect the Owner from loss on account of: Defective work not remedied Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments properly to subcontractor or for materials or labor. A reasonable doubt that the contract can be completed for the balance then unpaid. Damage to another contractor or to some third party. Failure to maintain a rate of progress in accordance with the construction progress schedule. Failure to supply enough skilled workmen or proper materials. When the above grounds are removed, payment shall be made for amounts withheld because of them. With regard to cases (b) and (c) above, the Owner may agree to payment upon receipt of a satisfactory Bond to Discharge Claim in the amount of double the claim (see Section 5, Contract Forms). At the option of the Owner, adherence to the construction progress schedule shall be a condition precedent to the right of the CM/GC to demand payment. No omission on the part of the Owner to exercise the aforesaid option shall be construed to be a waiver of breach of the construction progress schedule or acquiescence therein, and the Owner may exercise its option from time to time and as often as may be expedient.
