Payments Withheld. 9.6.1 The Architect may decline to certify payment and may withhold his or her Certificate in whole or in part, to the extent necessary reasonably to protect the State, if in the Architect’s opinion he or she is unable to make representations to the State as provided in Subparagraph
Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Architect/Engineer if any one or more of the following conditions precedent exist:
Payments Withheld. 10.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable.
Payments Withheld. In addition to disputed amounts set forth in an Invoice, Owner may, in addition to any other rights under this Agreement, and upon giving Contractor ten (10) Days’ prior written notice referenced in Section 7.8, withhold payment on an Invoice or a portion thereof, or collect on the Letter of Credit, in an amount and to such extent as may be reasonably necessary to protect Owner from loss due to:
Payments Withheld. The Owner or Program Manager may withhold from the Cost of the Work or, on account of subsequently discovered evidence, nullify the whole or a part of any pay request or certificate to such extent as may be necessary to protect the Owner from loss on account of:
Payments Withheld. The Program Manager or Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any application for payment or certificate to such extent as may be necessary to protect the Owner from loss on account of:
Payments Withheld. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County as provided in Section 109.06(d)(1). If the Contractor and the County cannot agree on a revised amount, the County will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County may nullify the whole or any part of any Certificate for Payment previously issued.
Payments Withheld. 4.1. The County’s Representative or the County may decline to approve any application for payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm under this Agreement or any other agreement between the County and Design-Build Firm, to such extent as may be necessary in the County's opinion to protect it from loss because of:
Payments Withheld. The Owner or Program Manager may withhold from the Cost of the Work or, on account of subsequently discovered evidence, nullify the whole or a part of any pay request or certificate to such extent as may be necessary to protect the Owner from loss on account of: Defective work not remedied Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments properly to subcontractor or for materials or labor. A reasonable doubt that the contract can be completed for the balance then unpaid. Damage to another contractor or to some third party. Failure to maintain a rate of progress in accordance with the construction progress schedule. Failure to supply enough skilled workmen or proper materials. When the above grounds are removed, payment shall be made for amounts withheld because of them. With regard to cases (b) and (c) above, the Owner may agree to payment upon receipt of a satisfactory Bond to Discharge Claim in the amount of double the claim (see Section 5, Contract Forms). At the option of the Owner, adherence to the construction progress schedule shall be a condition precedent to the right of the CM/GC to demand payment. No omission on the part of the Owner to exercise the aforesaid option shall be construed to be a waiver of breach of the construction progress schedule or acquiescence therein, and the Owner may exercise its option from time to time and as often as may be expedient.
Payments Withheld. To the extent the Owner has any rights to withhold disputed amounts on payment pursuant to Civil Code § 3320, the Owner agrees to abide by all provisions of Civil Code §3320, and withhold only payments authorized therein. The Owner further agrees to be governed by all provisions of §3320.
