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 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. 19.4.1.13 Failure of Developer to prosecute the Work in a timely manner in compliance with the Construction Schedule, established progress schedules, and/or completion dates. 19.4.1.14 Failure to provide acceptable electronic certified payroll records, as required by the Labor Code, by these Contract Documents or by written request for each journeyman, apprentice, worker, or other employee employed by Xxxxxxxxx and/or by each Subcontractor in connection with the Work for the period of the Application for Payment or if payroll records are delinquent or inadequate. 19.4.1.15 Failure to properly pay prevailing wages as required in Labor Code section 1720 et seq., failure to comply with any other Labor Code requirements, and/or failure to comply with labor compliance monitoring and enforcement by the DIR. 19.4.1.16 Allowing an unregistered subcontractor, as described in Labor Code section 1725.5, to engage in the performance of any work under this Contract. 19.4.1.17 Failure to comply with any, if 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. 19.4.1.18 Failure to properly maintain or clean up the Site. 19.4.1.19 Failure to timely indemnify, defend, or hold harmless the District. 19.4.1.20 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. 19.4.1.21 Any payments due to the District, including but not limited to payments for failed tests, utilities changes, or permits. 19.4.1.22 Failure to pay any royalty, license or similar fees. 19.4.1.23 Failure to pay Subcontractor(s) or supplier(s) as required by law and Developer’s subcontract agreement and by the Contract Documents; and 19.4.1.24 Developer is otherwise in breach, default, or in substantial violation of any provision of the Contract Documents.
Appears in 3 contracts
Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement
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 the 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 the Developer, including all previously withheld payments.
19.4.1.3.3 If the Developer provides a plan to achieve substantial compliance with the Skilled and Trained Workforce Requirements, the District shall immediately resume making payments to the 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 the Developer.
19.4.1.5 Reasonable The cost of completion of the Contract if there exists 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 Xxxxxxxxxthe Developer.
19.4.1.8 Failure to store and properly secure materials.
19.4.1.9 Failure of the 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 the Developer to maintain As-Built Drawings.
19.4.1.11 Erroneous estimates by the Developer of the value of the Work performed, or other false statements in an Application for Payment.
19.4.1.12 19.4.1 12 Unauthorized deviations from the Contract Documents.
19.4.1.13 Failure of Developer to prosecute the Work in a timely manner in compliance with the Construction Schedule, established progress schedules, and/or completion dates.
19.4.1.14 Failure to provide acceptable electronic certified payroll records, as required by the Labor Code, by these Contract Documents or by written request for each journeyman, apprentice, worker, or other employee employed by Xxxxxxxxx and/or by each Subcontractor in connection with the Work for the period of the Application for Payment or if payroll records are delinquent or inadequate.
19.4.1.15 Failure to properly pay prevailing wages as required in Labor Code section 1720 et seq., failure to comply with any other Labor Code requirements, and/or failure to comply with labor compliance monitoring and enforcement by the DIR.
19.4.1.16 Allowing an unregistered subcontractor, as described in Labor Code section 1725.5, to engage in the performance of any work under this Contract.
19.4.1.17 Failure to comply with any, if 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.
19.4.1.18 Failure to properly maintain or clean up the Site.
19.4.1.19 Failure to timely indemnify, defend, or hold harmless the District.
19.4.1.20 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.
19.4.1.21 Any payments due to the District, including but not limited to payments for failed tests, utilities changes, or permits.
19.4.1.22 Failure to pay any royalty, license or similar fees.
19.4.1.23 Failure to pay Subcontractor(s) or supplier(s) as required by law and Developer’s subcontract agreement and by the Contract Documents; and
19.4.1.24 Developer is otherwise in breach, default, or in substantial violation of any provision of the Contract Documents.
Appears in 1 contract
Samples: General Construction Agreement
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 the Developer, including all previously withheld payments.. D R A F T
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 the Developer, including all previously withheld payments.
19.4.1.3.3 If the Developer provides a plan to achieve substantial compliance with the Skilled and Trained Workforce Requirements, the District shall immediately resume making payments to the 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 the Developer.
19.4.1.5 Reasonable The cost of completion of the Contract if there exists 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 Xxxxxxxxxthe Developer.
19.4.1.8 Failure to store and properly secure materials.
19.4.1.9 Failure of the 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 the Developer to maintain As-Built Drawings.
19.4.1.11 Erroneous estimates by the 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.. D R A F T
19.4.1.13 Failure of the Developer to prosecute the Work in a timely manner in compliance with the Construction Schedule, established progress schedules, and/or completion dates.
19.4.1.14 Failure to provide acceptable electronic certified payroll records, as required by the Labor Code, by these Contract Documents or by written request for each journeyman, apprentice, worker, or other employee employed by Xxxxxxxxx the Developer and/or by each Subcontractor in connection with the Work for the period of the Application for Payment or if payroll records are delinquent or inadequate.
19.4.1.15 Failure to properly pay prevailing wages as required in Labor Code section 1720 et seq., failure to comply with any other Labor Code requirements, and/or failure to comply with labor compliance monitoring and enforcement by the DIR.
19.4.1.16 Allowing an unregistered subcontractor, as described in Labor Code section 1725.5, to engage in the performance of any work under this Contract.
19.4.1.17 Failure to comply with any, if 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.
19.4.1.18 Failure to properly maintain or clean up the Site.
19.4.1.19 Failure to timely indemnify, defend, or hold harmless the District.
19.4.1.20 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.
19.4.1.21 Any payments due to the District, including but not limited to payments for failed tests, utilities changes, or permits.
19.4.1.22 Failure to pay any royalty, license or similar fees.
19.4.1.23 Failure to pay Subcontractor(s) or supplier(s) as required by law and Developer’s subcontract agreement and by the Contract Documents; and
19.4.1.24 Developer is otherwise in breach, default, or in substantial violation of any provision of the Contract Documents.
Appears in 1 contract
Samples: General Construction Agreement
