Common use of Withholding of Payment by the Owner Clause in Contracts

Withholding of Payment by the Owner. If the Owner withholds monies for any cause which is the fault of the Contractor and/or the fault of a particular subcontractor, the Contractor shall pay all other subcontractors, in accordance with the terms of their applicable subcontract, if not in conflict with this Contract and applicable law, any time after the progress payment by the Owner should otherwise have been issued, for its Work to the extent completed. Notwithstanding this Section 8.02, Contractor may withhold funds from any subcontractor that is not performing its work in accordance with the Contract Documents.

Withholding of Payment by the Owner. If the Owner withholds monies for any cause which is the fault of the Contractor XXXX and/or the fault of a particular subcontractor, the Contractor XXXX shall pay all other subcontractors, subcontractors the amount due in accordance with the terms of their applicable subcontract, if not in conflict with this Contract and applicable law, any time after the progress payment by the Owner should otherwise have been issued, for its Work to the extent completed. Notwithstanding this Section 8.0210.02, Contractor XXXX may withhold funds from any subcontractor that is not performing its work in accordance with the Contract Documents.