Reasons to Withhold Payment. The District may withhold any payment, in whole, or in part, to such extent as may be necessary to protect the District from loss because of, but not limited to:
1. Defective Work not remedied;
2. Stop Notices served upon the District;
3. Liquidated damages assessed against the Contractor;
4. The cost of completion of the Contract if there exists reasonable doubt that the Work can be Completed for the unpaid balance of any Contract Price or by the completion date;
5. Damage to the District or other contractor;
6. Unsatisfactory prosecution of the Work by the Contractor;
7. Failure to store and properly secure materials;
8. Failure of the Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, acceptable monthly progress schedules, Shop Drawings, Submittal schedules, schedule of values, product data and samples, proposed product lists, executed Change Order, Construction Change Documents, and verified reports;
9. Failure of the Contractor to maintain As-Built drawings;
10. If, in the District’s opinion, the representations to the District required pursuant to Article
Reasons to Withhold Payment. The District shall withhold payment in whole, or in part, as required by statute. In addition, the District may withhold payment in whole, or in part, to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. Payment, in whole, or in part, will be withheld based on the need to protect the District from loss because of, but not limited to, any of the following:
19.4.1.1 Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Developer.
19.4.1.2 Stop Payment Notices or other liens served upon the District as a result of the Contract.
19.4.1.3 Failure to comply with the requirements of Public Contract Code section 2600 et seq. (“Skilled and Trained Workforce Requirements”).
19.4.1.4 Liquidated damages assessed against Developer.
19.4.1.5 Reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Maximum Price or by the Contract Time.
19.4.1.6 Damage to the District or other contractor(s).
19.4.1.7 Unsatisfactory prosecution of the Work by Xxxxxxxxx.
19.4.1.8 Failure to store and properly secure materials.
19.4.1.9 Failure of Developer to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Schedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports.
19.4.1.10 Failure of Developer to maintain As-Built Drawings.
19.4.1.11 Erroneous estimates by Developer of the value of the Work performed, or other false statements in an Application for Payment.
19.4.1 12 Unauthorized deviations from the Contract Documents.
Reasons to Withhold Payment. The District may withhold payment to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. The District may withhold payment to such extent as may be necessary to protect the District from loss because of, but not limited to:
19.3.7.1.1. Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Contractor;
19.3.7.1.2. Stop payment notices or other liens served upon the District as a result of the Contract;
19.3.7.1.3. Liquidated damages assessed against the Contractor
19.3.7.1.4. The cost of Project Completion if there exists reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Project Cost or by the Contract Time;
19.3.7.1.5. Damage to the District or other contractor(s);
19.3.7.1.6. Unsatisfactory prosecution of the Work by the Contractor:
19.3.7.1.7. Failure to store and properly secure materials;
19.3.7.1.8. Failure of the Contractor to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal Schedule, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports;
19.3.7.1.9. Failure of the Contractor to submit As-Built Drawings;
19.3.7.1.10. Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment;
19.3.7.1.11. Unauthorized deviations from the Contract Documents;
19.3.7.1.12. Failure of the Contractor to prosecute the Work in a timely manner in compliance with the milestones within the Construction Schedule, established progress schedules, and/or completion dates;
19.3.7.1.13. The failure to provide certified payroll records acceptable to the District for each journeyman, apprentice, worker, or other employee employed by the Contractor and/or each Subcontractor in connection with the Work for the period of the Application for Payment;
19.3.7.1.14. Failure to properly pay prevailing wages as defined in Labor Code section 1720 et seq., and/or failure to comply with any other Labor Code requirements;
19.3.7.1.15. Failure to properly maintain or clean up the Site;
19.3.7.1.16. Payments to indemnify, defend, or hold harmless the District;
19.3.7.1.17. Any payments due to the District, including but not limited to ...
Reasons to Withhold Payment. The District shall withhold payment in whole, or in part, as required by statute. In addition, the District may withhold payment in whole, or in part, to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. Payment, in whole, or in part, will be withheld based on the need to protect the District from loss because of, but not limited to, any of the following:
19.4.1.1 Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Developer.
19.4.1.2 Stop Payment Notices or other liens served upon the District as a result of the Contract.
19.4.1.3 Failure to comply with the requirements of Public Contract Code section 2600 et seq. (“Skilled and Trained Workforce Requirements”) or failure to provide to the District a complete, monthly report demonstrating that Developer and its Subcontractors are complying, unless Developer and its subcontractors have agreed to be bound by a Project Labor Agreement as provided in Public Contract Code section 2600 et seq.
19.4.1.3.1 If Developer provides a complete monthly report, then the District shall immediately resume making payments to Developer, including all previously withheld payments.
19.4.1.3.2 If the monthly report is incomplete due to the failure of a subcontractor to timely submit the required information to Developer, District may withhold 150% of the value of the monthly billing for a subcontractor that failed to timely submit the required information or did not demonstrate compliance
19.4.1.3.2.1 If Developer substitutes a subcontractor pursuant to Chapter 4 (commencing with Section 4100) for failure to demonstrate compliance, and Developer replaces the subcontractor with one that provides an enforceable commitment that a skilled and trained workforce will be used to complete the Project, the District shall immediately resume making payments to Developer, including all previously withheld payments.
19.4.1.3.3 If Developer provides a plan to achieve substantial compliance with the Skilled and Trained Workforce Requirements, the District shall immediately resume making payments to Developer, including all previously withheld payments unless, within a reasonable time, the District rejects the plan as insufficient and explains the reasons for the rejection.
19.4.1.4 Liquidated damages assessed against Developer.
19.4.1.5 Reasonable doubt that the Work can be completed for the unpaid balance of the...
Reasons to Withhold Payment. The District may withhold payment to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. The District may withhold payment to such extent as may be necessary to protect the District from loss because of, but not limited to:
19.3.8.1.1. Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Contractor;
19.3.8.1.2. Stop payment notices or other liens served upon the District as a result of the Contract;
19.3.8.1.3. Liquidated damages assessed against the Contractor
19.3.8.1.4. The cost of Project Completion if there exists reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Project Cost or by the Contract Time;
19.3.8.1.5. Damage to the District or other contractor(s);
19.3.8.1.6. Unsatisfactory prosecution of the Work by the Contractor: 19.
Reasons to Withhold Payment. Judicial Council may withhold payment in whole, or in part, to the extent reasonably necessary to protect the Judicial Council if, in the Judicial Council's opinion, the representations to the Judicial Council required herein cannot be made. Judicial Council may withhold payment, in whole or in part, to such extent as may be necessary to protect the Judicial Council from loss because of, but not limited to:
8.14.1.1. Up to one hundred and fifty percent (150%) of the value of any Defective Work not remedied within the time frames required herein, including without limitation any Punch List item not satisfactorily completed;
Reasons to Withhold Payment. The Owner may withhold payment in whole, or in part, to the extent reasonably necessary to protect the Owner if, in the Owner’s opinion, the representations to the Owner required by Paragraph 9.4 cannot be made. The Owner may withhold payment, in whole, or in part, to such extent as may be necessary to protect the Owner from loss because of, but not limited to:
a. Defective Work not remedied;
b. Stop Notices served upon the Owner;
c. Liquidated damages assessed against the Contractor;
d. The cost of completion of the Contract if there exists reasonable doubt that the Work can be completed for the unpaid balance of any Contract Price or by the completion date;
e. Damage to the Owner or other contractor;
f. Unsatisfactory prosecution of the Work by the Contractor;
g. Failure to store and properly secure materials;
h. Failure of the Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, acceptable monthly progress schedules, Shop Drawings, Submittal schedules, schedule of values, product data and samples, proposed product lists, executed Change Order, Construction Change Documents, and verified reports;
i. Failure of the Contractor to maintain As Built Drawings;
j. Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment;
k. Unauthorized deviations from the Contract Documents (including but not limited to Unresolved Notices of Deviations (DSA Form 154) );
l. Failure of the Contractor to prosecute the Work in a timely manner in compliance with established progress schedules and completion dates.
m. Failure to properly pay prevailing wages as defined in Labor Code section 1720, et seq.;
n. Failure to properly maintain or clean up the Site;
o. Payments to indemnify, defend, or hold harmless the Owner;
p. Any payments due to the Owner including but not limited to payments for failed tests, or utilities changes or permits;
q. Failure to submit an acceptable schedule in accordance with Paragraph 3.8;
r. Failure to pay Subcontractor or suppliers as required by Paragraph 9.8.1;
s. Failure to secure warranties, including the cost to pay for warranties;
t. Failure to provide release from material suppliers or subcontractors when requested to do so;
u. Items deducted pursuant to Article 2.2;
v. Incomplete Punch List items under Article 9.9.1.2which have gone through the Article 2.2 process; or
w. Allowances that...
Reasons to Withhold Payment. The District may decide to withhold payment in whole, or in part, to the extent reasonably necessary to protect the District if, in the District’s opinion, the representations to the District required by paragraph 9.
Reasons to Withhold Payment. The Owner may withhold payment, in whole, or in part, to such extent as may be necessary to protect the Owner from loss because of, but not limited to:
(a) Defective work not remedied;
(b) Stop notices served upon the Owner;
(c) Liquidated damages assessed against the Contractor;
(d) Damage to the Owner or other contractor;
(e) Unsatisfactory prosecution of the work by the Contractor;
(f) Failure of the Contractor to prosecute the work in a timely manner.
(g) Failure to properly pay prevailing wages as defined in Labor Code section 1720, et seq.;
(h) Failure to properly maintain or clean up the site;
(i) Payments to indemnify, defend, or hold harmless the Owner; or
(j) Failure to pay Subcontractors or suppliers.
Reasons to Withhold Payment. The DISTRICT may withhold payment, in whole, or in part, to such extent as may be necessary to protect the DISTRICT from loss because of, but not limited to:
(a) Defective work not remedied;
(b) Stop notices served upon the DISTRICT;
(c) Liquidated damages assessed against the CONTRACTOR;
(d) Damage to the DISTRICT or other contractor;
(e) Unsatisfactory prosecution of the work by the CONTRACTOR;
(f) Failure of the CONTRACTOR to prosecute the work in a timely manner.
(g) Failure to properly pay prevailing wages as defined in Labor Code section 1720, et seq.;
(h) Failure to properly maintain or clean up the Site;
(i) Payments to indemnify, defend, or hold harmless the DISTRICT;
(j) If required, failure to obtain proper inspection and approval of the Project components as required by DSA and the Project Inspector demonstrated by an incomplete DSA Form 152 Inspection Care or a Notice of Deviation (DSA Form 154); or
