Common use of Withheld Payment Clause in Contracts

Withheld Payment. 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor or, in the opinion of the City, unlikely to be remedied by the Contractor; (b) claims of third parties against the City or the City’s property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be, liable. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.

Withheld Payment. 5.3.1 The City may decline refuse to make any payment, may withhold payment of any funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor or, in the opinion of the City, unlikely to be remedied by the Contractor; (b) claims of third parties against the City or the City’s property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for substantial Substantial Completion or final completion; (f) Contractor’s persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be, liable. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.