Price Reduction to Cover Loss. The Owner may reduce any Periodic Invoice, or application for Progress Payment, prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor including, but not limited to: 10.3.3.1 Defective or incomplete Work not remedied. 10.3.3.2 Damage to Work of a separate Contractor. 10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time. 10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents. 10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sum. 10.3.3.6 Assessment of fines for violations of Prevailing Wage Rate law; or 10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
Appears in 36 contracts
Samples: Design Build Contract, Construction Management Agreement, Construction Management Agreement
Price Reduction to Cover Loss. The Owner may reduce any Periodic Invoice, or application Application for Progress Payment, prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor including, but not limited to, the following:
10.3.3.1 Defective or incomplete Work not remedied.;
10.3.3.2 Damage to Work of a separate Contractor.;
10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time.;
10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents.;
10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sum.;
10.3.3.6 Assessment of fines for violations of Prevailing Wage Rate prevailing wage rate law; or
10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
Appears in 27 contracts
Samples: General Construction Services Contract, General Construction Services Contract, Construction Manager at Risk Contract
Price Reduction to Cover Loss. The Owner may reduce any Periodic Invoice, or application for Progress Payment, prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor including, but not limited to:
10.3.3.1 Defective or incomplete Work not remedied.
10.3.3.2 Damage to Work of a separate Contractor.
10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time.
10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents.
10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sumcontract sum.
10.3.3.6 Assessment of fines for violations of Prevailing Wage Rate law; or
10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
Appears in 1 contract
Samples: Contract
Price Reduction to Cover Loss. The Owner may reduce any Periodic Invoice, or application for Progress Payment, prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor CM-at-Risk including, but not limited to:
10.3.3.1 Defective or incomplete Work not remedied.
10.3.3.2 Damage to Work of a separate ContractorCM-at-Risk.
10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time.
10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents.
10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sumcontract sum.
10.3.3.6 Assessment of fines for violations of Prevailing Wage Rate law; or
10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
Appears in 1 contract
Samples: Solicitation Amendment
Price Reduction to Cover Loss. The Owner may reduce any Periodic Invoice, or application Application for Progress Payment, prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor including, but not limited to, the following:
10.3.3.1 13.3.2.1 Defective or incomplete Work not remedied.;
10.3.3.2 13.3.2.2 Damage to Work of a separate Contractor.;
10.3.3.3 13.3.2.3 Failure to maintain scheduled progress or reasonable progress;
13.3.2.4 Reasonable evidence that the Work will not be completed within the Contract Time.;
10.3.3.4 13.3.2.5 Persistent failure to carry out the Work in accordance with the Contract Documents.;
10.3.3.5 13.3.2.6 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sum.;
10.3.3.6 13.3.2.7 Assessment of fines for violations of Prevailing Wage Rate prevailing wage rate law; or
10.3.3.7 13.3.2.8 Failure to include the appropriate amount of retainage for that periodic progress payment.
Appears in 1 contract