Lien Holdback definition
Examples of Lien Holdback in a sentence
The Owner shall retain the Contractual Holdback, Lien Holdback and any other holdbacks provided for under this Contract as a separate line item from such payment and may retain any other amount pursuant to 5.10 - OWNER’S SET-OFF.
Unless otherwise specified in the Agreement, no letter of credit or demand-worded holdback shall be accepted or used to retain any part of the Lien Holdback.
Lien Holdback means the ten percent (10%) holdback retained pursuant to Part IV of the Construction Act.
For clarity, the Owner shall not retain Contractual Holdback in respect of the payment of Lien Holdback pursuant to 5.6 - PAYMENT OF LIEN HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK or the payments pursuant to 5.7 – PAYMENTS UPON TOTAL PERFORMANCE OF THE WORK.
If the Owner becomes aware that any such claim of builder’s lien, builder’s liens or certificate of pending litigation is threatened or has been registered against title to the Site, the Owner may withhold out of the Lien Holdback or any other monies payable to the Design-Builder such amounts as the Owner reasonably considers necessary in order to secure the discharge of such claim of builder’s lien, builder’s liens or certificate of pending litigation.
The Owner may increase the Lien Holdback Amount by the amount of any holdback necessary or desirable as a result of registered Liens or claims for Liens, notice of which may have been received by the Owner.
Subject to the Construction Act, the Owner may retain out of the Lien Holdback any sums required by law to satisfy any liens against the Work and any other amount pursuant to 5.10 - OWNER’S SET-OFF.
If the Owner becomes aware that a claim of builder’s lien, builder’s liens or certificate of pending litigation is threatened or has been registered against title to the Site, the Owner may, withhold out of the Lien Holdback or any other monies payable to the Design-Builder such amounts as the Owner reasonably considers necessary in order to secure the discharge of the claim of builder’s lien, builder’s liens or certificate of pending litigation.
Notwithstanding the requirements of the Construction Act or the provisions of Section GC 8.02 of the General Conditions of Contract, a maintenance security in the amount of two percent (2%) will be retained by the Owner in addition to the Lien Holdback.
If notice of such filed claims is so received, the Lien Holdback and any interest earned thereon shall be applied firstly to discharge such liens with the balance payable to the Seller.