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 payments for failed tests, utilities changes, or permits; 19.3.7.1.18. Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents; 19.3.7.1.19. Contractor is otherwise in breach, default, or in substantial violation of any provision of this Contract. 19.3.7.1.20. Extra services for Architect. 19.3.7.1.21. Extra services for the Inspector including but not limited to overtime tests and inspection or reinspection required due to Contractor’s failed tests or installation of unapproved or defective materials and Contractor’s requests for inspection and Contractor’s failure to attend the inspection. 19.3.7.1.22. Any other obligation(s) of the District which the District is authorized and/or compelled by law to perform.
Appears in 4 contracts
Samples: Master Site Lease, Master Site Lease, Master Site Lease
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 ContractorDeveloper;
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 ContractorDeveloper
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 ContractorDeveloper:
19.3.7.1.7. Failure to store and properly secure materials;
19.3.7.1.8. Failure of the Contractor Developer to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal ScheduleSchedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports;
19.3.7.1.9. Failure of the Contractor Developer to submit As-Built Drawings;
19.3.7.1.10. Erroneous estimates by the Contractor Developer 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 Developer 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 If the District has an LCP in force on this Project, the failure to provide certified payroll records acceptable to the District for each journeyman, apprentice, worker, or other employee employed by the Contractor Developer 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, and/or failure to comply with the District’s LCP, if one is in force on this Project;
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 payments for failed tests, utilities changes, or permits;
19.3.7.1.18. Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents;
19.3.7.1.19. Contractor Developer is otherwise in breach, default, or in substantial violation of any provision of this Contract.
19.3.7.1.20. Extra services for Architect.
19.3.7.1.21. Extra services for the Inspector including but not limited to overtime tests and inspection or reinspection re-inspection required due to ContractorDeveloper’s failed tests or installation of unapproved or defective materials and ContractorDeveloper’s requests for inspection and ContractorDeveloper’s failure to attend the inspection.
19.3.7.1.22. Any other obligation(s) of the District which the District is authorized and/or compelled by law to perform.
Appears in 3 contracts
Samples: Master Facilities Lease, Master Facilities Lease, Master Facilities Lease
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. The District may withhold payment to such extent as may Payment, in whole, or in part, will be necessary withheld based on the need to protect the District from loss because of, but not limited to, any of the following:
19.3.7.1.1. 19.4.1.1 Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Contractor;Developer.
19.3.7.1.2. 19.4.1.2 Stop payment notices Payment Notices or other liens served upon the District as a result of the Contract;.
19.3.7.1.3. 19.4.1.3 Liquidated damages assessed against the ContractorDeveloper.
19.3.7.1.4. The cost of Project Completion if there exists reasonable 19.4.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Project Cost Maximum Price or by the Contract Time;.
19.3.7.1.5. 19.4.1.5 Damage to the District or other contractor(s);.
19.3.7.1.6. 19.4.1.6 Unsatisfactory prosecution of the Work by the Contractor:Xxxxxxxxx.
19.3.7.1.7. 19.4.1.7 Failure to store and properly secure materials;.
19.3.7.1.8. 19.4.1.8 Failure of the Contractor Developer to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal ScheduleSchedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports;.
19.3.7.1.9. 19.4.1.9 Failure of the Contractor Developer to submit maintain As-Built Drawings;.
19.3.7.1.10. 19.4.1.10 Erroneous estimates by the Contractor Developer of the value of the Work performed, or other false statements in an Application for Payment;.
19.3.7.1.11. 19.4.1.11 Unauthorized deviations from the Contract Documents;.
19.3.7.1.12. 19.4.1.12 Failure of the Contractor Developer 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 19.4.1.13 Failure to provide acceptable electronic certified payroll records acceptable to records, as required by the District Labor Code, by these Contract Documents or by written request for each journeyman, apprentice, worker, or other employee employed by the Contractor Xxxxxxxxx and/or by each Subcontractor in connection with the Work for the period of the Application for Payment;Payment or if payroll records are delinquent or inadequate.
19.3.7.1.14. 19.4.1.14 Failure to properly pay prevailing wages as defined required in Labor Code section 1720 et seq., and/or failure to comply with any other Labor Code requirements;, and/or failure to comply with labor compliance monitoring and enforcement by the DIR.
19.3.7.1.15. 19.4.1.15 Allowing an unregistered subcontractor, as described in Labor Code section 1725.5, to engage in the performance of any work under this Contract.
19.4.1.16 Failure to comply with any applicable federal requirements regarding minimum wages, withholding, payrolls and basic records, apprentice and trainee employment requirements, equal employment opportunity requirements, Xxxxxxxx Act requirements, Xxxxx-Xxxxx Act and related requirements, Contract Work Hours and Safety Standards Act requirements.
19.4.1.17 Failure to properly maintain or clean up the Site;.
19.3.7.1.16. Payments 19.4.1.18 Failure to timely indemnify, defend, or hold harmless the District;.
19.3.7.1.17. 19.4.1.19 Failure to perform any implementation and/or monitoring required by the General Permit, including without limitation any SWPPP for the Project and/or the imposition of any penalties or fines therefore whether imposed on the District or Developer.
19.4.1.20 Any payments due to the District, including but not limited to payments for failed tests, utilities changes, or permits;.
19.3.7.1.18. 19.4.1.21 Failure to pay any royalty, license or similar fees.
19.4.1.22 Failure to pay Subcontractor(s) or supplier(s) as required by law and Developer’s subcontract agreement and by the Contract Documents;; and
19.3.7.1.19. Contractor 19.4.1.23 Developer is otherwise in breach, default, or in substantial violation of any provision of this Contractthe Contract Documents.
19.3.7.1.20. Extra services for Architect.
19.3.7.1.21. Extra services for the Inspector including but not limited to overtime tests and inspection or reinspection required due to Contractor’s failed tests or installation of unapproved or defective materials and Contractor’s requests for inspection and Contractor’s failure to attend the inspection.
19.3.7.1.22. Any other obligation(s) of the District which the District is authorized and/or compelled by law to perform.
Appears in 2 contracts
Samples: Construction Contract, General Construction Agreement
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 ContractorDeveloper;
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 ContractorDeveloper
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 ContractorDeveloper:
19.3.7.1.7. Failure to store and properly secure materials;
19.3.7.1.8. Failure of the Contractor Developer to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal ScheduleSchedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports;
19.3.7.1.9. Failure of the Contractor Developer to submit As-Built Drawings;
19.3.7.1.10. Erroneous estimates by the Contractor Developer 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 Developer 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 If the District has an LCP in force on this Project, the failure to provide certified payroll records acceptable to the District for each journeyman, apprentice, worker, or other employee employed by the Contractor Developer 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, and/or failure to comply with the District’s LCP, if one is in force on this Project;
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 payments for failed tests, utilities changes, or permits;
19.3.7.1.18. Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents;
19.3.7.1.19. Contractor Developer is otherwise in breach, default, or in substantial violation of any provision of this Contract.
19.3.7.1.20. Extra services for Architect.
19.3.7.1.21. Extra services for the Inspector including but not limited to overtime tests and inspection or reinspection required due to ContractorDeveloper’s failed tests or installation of unapproved or defective materials and ContractorDeveloper’s requests for inspection and ContractorDeveloper’s failure to attend the inspection.
19.3.7.1.22. Any other obligation(s) of the District which the District is authorized and/or compelled by law to perform.
Appears in 2 contracts
Samples: Facilities Lease, Facilities Lease
Reasons to Withhold Payment. The District may withhold payment to the extent reasonably necessary to protect the District ifany payment, in the District's opinionwhole, the representations to the District required herein cannot be made. The District may withhold payment or in part, to such extent as may be necessary to protect the District from loss because of, but not limited to:
19.3.7.1.1. A. Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Contractorremedied;
19.3.7.1.2. B. Stop payment notices or other liens Notices served upon the District as a result of the ContractDistrict;
19.3.7.1.3. C. Liquidated damages assessed against the Contractor;
19.3.7.1.4. D. The cost of Project Completion completion of the Contract if there exists reasonable doubt that the Work can be completed Completed for the unpaid balance of the Guaranteed Project Cost any Contract Price or by the Contract Timecompletion date;
19.3.7.1.5. E. Damage to the District or other contractor(s)contractor;
19.3.7.1.6. F. Unsatisfactory prosecution of the Work by the Contractor:;
19.3.7.1.7. G. Failure to store and properly secure materials;
19.3.7.1.8. H. Failure of the Contractor to submit, submit on a timely basis, proper, sufficient, proper and acceptable sufficient documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal Schedule, Schedule of Values, Monthly Progress Schedulesacceptable monthly progress schedules, Shop Drawings, Product Data Submittal schedules, schedule of values, product data and samples, Proposed proposed product lists, executed Change OrdersOrder, and/or Construction Change Documents, and verified reports;
19.3.7.1.9. I. Failure of the Contractor to submit maintain As-Built Drawingsdrawings;
19.3.7.1.10. J. If, in the District’s opinion, the representations to the District required pursuant to Article 9.4 cannot be made;
K. Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application application for Paymentpayment;
19.3.7.1.11. L. Unauthorized deviations from the Contract Documents;
19.3.7.1.12. Documents (including but not limited to Unresolved Notices of Deviations (DSA Form 154); M. 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 schedules and 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 payments for failed tests, utilities changes, or permits;
19.3.7.1.18. Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents;
19.3.7.1.19. Contractor is otherwise in breach, default, or in substantial violation of any provision of this Contract.
19.3.7.1.20. Extra services for Architect.
19.3.7.1.21. Extra services for the Inspector including but not limited to overtime tests and inspection or reinspection required due to Contractor’s failed tests or installation of unapproved or defective materials and Contractor’s requests for inspection and Contractor’s failure to attend the inspection.
19.3.7.1.22. Any other obligation(s) of the District which the District is authorized and/or compelled by law to perform.
Appears in 1 contract
Samples: Construction Services Agreement
