Common use of Payments Withheld Clause in Contracts

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 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 Subcontractor 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, Failure or refusal of the Contractor to fully comply with the Contract requirements.

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 Subcontractor 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.