Common use of Payments Withheld Clause in Contracts

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. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E Engineer of Record 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)(1109.08(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.