Common use of Reasons for Withholding Clause in Contracts

Reasons for Withholding. Owner may withhold payments otherwise due to Contractor under this Agreement for any of the following reasons: (i) Omission of any Work required by this Agreement or Contractor's failure to cure defective or damaged Work; (ii) Failure to submit to Owner all information and waivers and releases required under this Agreement; (iii) Mechanics' liens, materialmen's liens, stop notices or bonded claims are filed or recorded or reasonable evidence indicating the probable filing or recording of such liens, notices or claims by Contractor or its suppliers or subcontractors, in which case Owner may withhold (1) in the case of a lien, notice or claim by Contractor, the amount claimed in the lien, notice or claim, and (2) in the case of a lien, notice or claim by Contractor's suppliers or subcontractors, One Hundred Fifty Percent (150%) of the amount sought; (iv) Contractor's failure to make payments properly to subcontractors, suppliers, materialmen, laborers, or other persons entitled to file a mechanics' lien, materialmen's lien, stop notice or claim as well as to union fringe benefit trust funds (to the extent required); (v) The existence of reasonable doubt by Owner that the Work will be completed for the balance of the Contract Price then unpaid, unless Contractor deposits with Owner funds in the amount of such suspected deficiency or performs a sufficient portion of the remaining Work to be performed at Contractor's sole cost so that such portion of the Contract Price then remaining unpaid is determined by Owner to be sufficient to complete the Work; (vi) Contractor's failure to complete the Work, or any reasonable indication that the Work will not be completed within the time required in this Agreement; (vii) Contractor's failure to construct, install or perform the items of the Work as required in this Agreement, or any reasonable indication that Contractor will be unable to perform the terms of the Work as required in this Agreement; and (viii) Any other grounds for withholding payment permitted by the Laws, or as otherwise permitted by this Agreement.

Reasons for Withholding. Owner may withhold payments otherwise due to Contractor under this Agreement for any of the following reasons: (i) Omission of any Work required by this Agreement or Contractor's failure to cure defective or damaged Work; (iii) Failure to submit to Owner all information and waivers and releases required under this Agreement; (iii) Mechanics' liens, materialmen's liens, stop notices or bonded claims are filed or recorded or reasonable evidence indicating the probable filing or recording of such liens, notices or claims by Contractor or its suppliers or subcontractors, in which case Owner may withhold (1) in the case of a lien, notice or claim by Contractor, the amount claimed in the lien, notice or claim, and (2) in the case of a lien, notice or claim by Contractor's suppliers or subcontractors, One Hundred Fifty Percent (150%) of the amount sought; (iv) Contractor's failure to make payments properly to subcontractors, suppliers, materialmen, laborers, or other persons entitled to file a mechanics' lien, materialmen's lien, stop notice or claim as well as to union fringe benefit trust funds (to the extent required); (v) The existence of reasonable doubt by Owner that the Work will be completed for the balance of the Contract Price then unpaid, unless Contractor deposits with Owner funds in the amount of such suspected deficiency or performs a sufficient portion of the remaining Work to be performed at Contractor's sole cost so that such portion of the Contract Price then remaining unpaid is determined by Owner to be sufficient to complete the Work; (vi) Contractor's failure to complete the Work, or any reasonable indication that the Work will not be completed within the time required in this Agreement; (vii) Contractor's failure to construct, install or perform the items of the Work as required in this Agreement, or any reasonable indication that Contractor will be unable to perform the terms of the Work as required in this Agreement; and (viii) Any other grounds for withholding payment permitted by the Laws, or as otherwise permitted by this Agreement.

Reasons for Withholding. Owner may withhold payments otherwise due to Contractor under this Agreement for any of the following reasons: : (i) Omission of any Work required by this Agreement or Contractor's failure to cure defective or damaged Work; ; (ii) Failure to submit to Owner all information and waivers and releases required under this Agreement; ; (iii) Mechanics' liens, materialmen's liens, stop notices or bonded claims are filed or recorded or reasonable evidence indicating the probable filing or recording of such liens, notices or claims by Contractor or its suppliers or subcontractors, in which case Owner may withhold (1) in the case of a lien, notice or claim by Contractor, the amount claimed in the lien, notice or claim, and (2) in the case of a lien, notice or claim by Contractor's suppliers or subcontractors, One Hundred Fifty Percent (150%) of the amount sought; ; (iv) Contractor's failure to make payments properly to subcontractors, suppliers, materialmen, laborers, or other persons entitled to file a mechanics' lien, materialmen's lien, stop notice or claim as well as to union fringe benefit trust funds (to the extent required); ; (v) The existence of reasonable doubt by Owner that the Work will be completed for the balance of the Contract Price then unpaid, unless Contractor deposits with Owner funds in the amount of such suspected deficiency or performs a sufficient portion of the remaining Work to be performed at Contractor's sole cost so that such portion of the Contract Price then remaining unpaid is determined by Owner to be sufficient to complete the Work; ; (vi) Contractor's failure to complete the Work, or any reasonable indication that the Work will not be completed within the time required in this Agreement; ; (vii) Contractor's failure to construct, install or perform the items of the Work as required in this Agreement, or any reasonable indication that Contractor will be unable to perform the terms of the Work as required in this Agreement; and and (viii) Any other grounds for withholding payment permitted by the Laws, or as otherwise permitted by this Agreement.

Reasons for Withholding. Owner Builder may withhold payments otherwise due to Contractor Subcontractor under this Agreement for any of the following reasonsreasons provided Builder gives written notice of such default to Subcontractor and Subcontractor fails to cure the default to Builder’s satisfaction within 5 calendar days after such notice: (i1) Omission of any Work required by this Agreement or Contractor's Subcontractor’s failure to cure defective or damaged Work; (ii2) Failure to submit to Owner Builder all information and waivers and releases required under this Agreement, including the Project Requirements; (iii3) Mechanics' ’ liens, materialmen's ’s liens, stop notices or bonded claims are filed or recorded or reasonable evidence indicating the probable filing or recording of such liens, notices or claims by Contractor Subcontractor or its suppliers or sub-subcontractors, in which case Owner Builder may withhold (1A) in the case of a lien, notice or claim by ContractorSubcontractor, the amount claimed in the lien, notice or claim, and (2B) in the case of a lien, notice or claim by Contractor's Subcontractor’s suppliers or sub-subcontractors, One Hundred Fifty Percent (150%) % of the amount sought; (iv4) Contractor's Subcontractor’s failure to make payments properly to sub-subcontractors, suppliers, materialmen, laborers, or other persons entitled to file a mechanics' ’ lien, materialmen's ’s lien, stop notice or claim as well as to union fringe benefit trust funds (to the extent required); (v5) The existence of reasonable doubt by Owner Builder that the Work will be completed for the balance of the Contract Price then unpaidunpaid (including any overage identified in any Project status report or conference call that is not covered by an approved Change Order), unless Contractor Subcontractor deposits with Owner Builder funds in the amount of such suspected deficiency or performs a sufficient portion of the remaining Work to be performed at Contractor's Subcontractor’s sole cost so that such portion of the Contract Price then remaining unpaid is determined by Owner Builder to be sufficient to complete the Work; (vi6) Contractor's Subcontractor’s failure to complete the Work, or any reasonable indication that the Work will not be completed within the time required in this Agreement; (vii7) Contractor's Subcontractor’s failure to construct, install or perform the items of the Work as required in this AgreementAgreement (including if the work does not pass any official inspection or if Subcontractor attempts to or does install any item different than that required by this Agreement or a valid Change Order), or any reasonable indication that Contractor Subcontractor will be unable to perform the terms of the Work as required in this Agreement; and (viii) 8) Any other grounds for withholding payment permitted by the LawsState or Federal Law, or as otherwise permitted by this Agreement.