Common use of Right to Withhold Payments Clause in Contracts

Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment of any defect in the invoice or the work which may result in the Department's declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if i. the work is defective and such defects have not been remedied; or ii. the Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or iii. the Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or iv. the Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special Provisions). SECTION SIX (6)‌

Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment payment, of any defect in the invoice or the work which may result in the Department's ’s declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if: i. the (a) The work is defective and such defects have not been remedied; or ii. the (b) The Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five ten calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or iii. the (c) The Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or iv. the (d) The Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special ProvisionsEconomic Inclusion Requirements in Section 2 of this Contract). SECTION SIX (6)‌.

Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment of any defect in the invoice or the work which may result in the Department's declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if i. a. the work is defective and such defects have not been remedied; or ii. b. the Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or iii. c. the Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or iv. d. the Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special Provisions). a. The Department’s liability under this contract is contingent upon the future availability of appropriated monies with which to make payment under the contract. SECTION SIX (6)‌The legal liability on the part of the Department for the payment of any money shall not arise unless and until such appropriations have been provided.

Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment of any defect in the invoice or the work which may result in the Department's declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if i. a. the work is defective and such defects have not been remedied; or ii. b. the Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or iii. c. the Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or iv. d. the Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special Provisions). SECTION SIX (6)‌.

Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment of any defect in the invoice or the work which may result in the Department's declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if i. the work is defective and such defects have not been remedied; or ii. the Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or iii. the Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or iv. the Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special Provisions). SECTION SIX (6)‌.