Common use of Withhold Payment In any case where a reasonable question of material, uncured non Clause in Contracts

Withhold Payment In any case where a reasonable question of material, uncured non. performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause.