Decisions to Withhold Payment. A.9.5.1 The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner’s determination that the Work has not progressed to the point indicated in the Application for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible, including loss resulting from acts and omissions, because of but not limited to the following:
Decisions to Withhold Payment. THE DESIGNER MAY WITHHOLD A CERTIFICATE FOR PAYMENT IN WHOLE OR IN PART, TO THE EXTENT REASONABLY NECESSARY TO PROTECT THE OWNER. IF THE DESIGNER IS UNABLE TO CERTIFY PAYMENT IN THE AMOUNT OF THE APPLICATION, THE DESIGNER WILL NOTIFY THE CM AND THE OWNER IN WRITING. IF THE CM AND DESIGNER CANNOT AGREE ON A REVISED AMOUNT, THE DESIGNER WILL PROMPTLY ISSUE A CERTIFICATE FOR PAYMENT FOR THE AMOUNT FOR WHICH THE DESIGNER IS ABLE TO MAKE SUCH REPRESENTATIONS TO THE OWNER. THE DESIGNER MAY ALSO WITHHOLD A CERTIFICATE FOR PAYMENT, IN WHOLE OR IN PART, TO SUCH EXTENT AS MAY BE NECESSARY IN THE DESIGNER’S OPINION TO PROTECT THE OWNER FROM LOSS FOR WHICH THE CM OR THE CONTRACTOR(S) IS RESPONSIBLE, INCLUDING LOSS RESULTING FROM ACTS AND OMISSIONS, BECAUSE OF: .1 DEFECTIVE WORK NOT REMEDIED; .2 THIRD PARTY CLAIMS FILED OR REASONABLE EVIDENCE INDICATING PROBABLE FILING OF SUCH CLAIMS UNLESS SECURITY ACCEPTABLE TO THE OWNER IS PROVIDED BY THE CM; .3 FAILURE OF THE CM OR CONTRACTOR(S) TO MAKE PAYMENTS PROPERLY TO SUB-CONTRACTORS OR FOR LABOR, MATERIALS OR EQUIPMENT;
Decisions to Withhold Payment. The Owner may decide to withhold payment in whole, or in part, to the extent reasonably necessary to protect the Owner. In addition, the Owner may withhold payment, in whole, or in part, to such extent as may be necessary to protect the Owner from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Contract Documents.
Decisions to Withhold Payment. 18.4.1 Reasons to Withhold Payment 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. The District may withhold payment, in whole, or in part, to such extent as may be necessary to protect the District from loss because of, but not limited to:
Decisions to Withhold Payment. 9.3.1. Owner may withhold payment in whole or in part, or based on subsequently discovered evidence, may reduce payments otherwise due, to such extent as may be appropriate to protect Owner from loss for which Contractor is responsible because of:
Decisions to Withhold Payment. Owner may decline to make payment because of subsequently discovered evidence or subsequent observations, may nullify the whole or any part of any Progress Payment Request previously received and/or withhold payment to such extent as may be necessary to protect Owner for loss because of:
Decisions to Withhold Payment. (1) District may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect District or District may decide to withhold payment to such extent as may be necessary in District’s opinion to protect District from loss, because of:
Decisions to Withhold Payment. DEC may withhold a reasonable amount of any requested payment to the extent reasonably necessary to protect DEC due to DEC’s determination that the Work has not progressed to the point indicated in the invoice for payment or that the quality of Work is not in accordance with the Contract Documents. DEC may also withhold a reasonable amount as may be necessary to protect DEC from loss for which the Contractor is responsible, including loss resulting from acts or omissions, because of the following:
Decisions to Withhold Payment. Reasons to Withhold Payment The District may withhold payment 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. The District may withhold payment to such extent as may be necessary to protect the District from loss because of, but not limited to: Defective Work not remedied within FORTY-EIGHT (48) hours of written notice to Contractor; Stop payment notices or other liens served upon the District as a result of the Contract; Liquidated damages assessed against the Contractor The cost of Project Completion if there exists reasonable doubt that the Work can be completed for the unpaid balance of the Guaranteed Project Cost or by the Contract Time; Damage to the District or other contractor(s); Unsatisfactory prosecution of the Work by the Contractor: Failure to store and properly secure materials; Failure of the Contractor to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Submittal Schedule, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and samples, Proposed product lists, executed Change Orders, and/or verified reports; Failure of the Contractor to submit As-Built Drawings; Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment; Unauthorized deviations from the Contract Documents; Failure of the Contractor to prosecute the Work in a timely manner in compliance with the milestones within the Construction Schedule, established progress schedules, and/or completion dates; The failure to provide certified payroll records acceptable to the District for each journeyman, apprentice, worker, or other employee employed by the Contractor and/or each Subcontractor in connection with the Work for the period of the Application for Payment; Failure to properly pay prevailing wages as defined in Labor Code section 1720 et seq., and/or failure to comply with any other Labor Code requirements; Failure to properly maintain or clean up the Site; Payments to indemnify, defend, or hold harmless the District; Any payments due to the District, including but not limited to payments for failed tests, utilities changes, or permits; Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents; Contractor is otherwise in br...
Decisions to Withhold Payment. OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary because of conditions outlined in Subsection 4.2.4 "Payments Withheld".
