Payments Withheld or Nullified. The Design Professional or the Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss because of the following conditions:
Payments Withheld or Nullified. The Design Professional or the Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss because of the following conditions:
(a) Defective work not remedied.
(b) Claims or liens filed
(c) Failure of the Contractor to make payments properly to Subcontractor or Supplier for materials or
(d) A reasonable doubt that the Contract can be completed for the balance then unpaid.
(e) Damage to a Separate Contractor or to the Owner or a third party.
(f) Failure to maintain a rate of progress consistent with the Milestones.
(g) Failure to supply enough skilled workers or proper materials.
(h) Court-ordered retention.
(i) State Tax Forms not on file.
(j) Breach of this Contract
Payments Withheld or Nullified. A. The Architect/Engineer or Owner may withhold or nullify any progress payment or final payment in whole or in part, to the extent necessary in the Architect/Engineer’s or Owner’s reasonable opinion to protect the Owner from loss for which the Contractor is responsible, including loss because of:
1. defective Work not remedied;
2. third party claims threatened, filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor;
3. failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment;
4. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount;
5. damage to the property of Owner, a third party, or another contractor;
6. reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
7. failure to carry out the Work in accordance with the Contract Documents; or
8. failure to provide any submittals or documentation required under the Contract Documents in a timely manner, including updated versions of Contractor’s Construction Schedule, current Time Extension Request, and Disclosure Statement confirming payment amounts to HUB firms.
B. If the above reasons for withholding payment are removed, and any defaults cured in a timely manner and prior to Owner exercising other rights or remedies, and no other condition of default or reason for withholding, offsetting or nullifying payment exists, then payment will be made for amounts previously withheld. To the greatest extent permitted by applicable law, Owner shall not be deemed to be in breach of the Contract Documents by reason of the withholding of any payment which Owner is entitled to withhold pursuant to, or which it withholds in good faith in reliance on, any provision of the Contract Documents, and no interest shall accrue in connection with the withheld payment(s) determined to have been properly withheld. In determining whether amounts claimed for payment by Contractor, or any subcontractor, are in dispute, Owner shall have the right to consider amounts withheld under this provision, due to Contractor fault or in an attempt to protect the public from loss or overpayment of public funds, to be amounts in dispute. Nothing in this Section or in the Contract Documents shall limit or reduce any right of the Ow...
Payments Withheld or Nullified. The Design Professional or the Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss because of the following conditions: Defective work not remedied. Claims or liens filed Failure of the Contractor to make payments properly to Subcontractor or Supplier for materials or labor. A reasonable doubt that the Contract can be completed for the balance then unpaid. Damage to a Separate Contractor or to the Owner or a third party. Failure to maintain a rate of progress consistent with the Milestones. Failure to supply enough skilled workers or proper materials. Court-ordered retention. State Tax Forms not on file. Breach of this Contract Withheld Payments Restored. When the conditions above are remedied, payment shall be made for amounts withheld because of them.
