PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER’S interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of: A. unsatisfactory progress of the Work not caused by conditions beyond the CONTRACTOR’S control, B. defective work not corrected, C. CONTRACTOR’S failure to carry out instructions or orders of the OWNER or his representative, D. a reasonable doubt that the Contract can be completed for the balance then unpaid, E. work or execution thereof not in accordance with the Contract Documents, F. claim filed by or against the CONTRACTOR or reasonable evidence indicating probable filing of claims, G. failure of the CONTRACTOR to make payments to subcontractor or for material or labor, H. damage to another contractor, I. unsafe working conditions allowed to persist by the CONTRACTOR, J. failure of the CONTRACTOR to provide work schedules as required by the OWNER, K. use of subcontractors without the OWNER’S approval or,
Appears in 5 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER’S interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of:
A. unsatisfactory progress of the Work not caused by conditions beyond the CONTRACTOR’S control,
B. defective work not corrected,
C. CONTRACTOR▇▇▇▇▇▇▇▇▇▇’S failure to carry out instructions or orders of the OWNER or his representative, D. a reasonable doubt that the Contract can be completed for the balance then unpaid, E. work or execution thereof not in accordance with the Contract Documents, F. claim filed by or against the CONTRACTOR or reasonable evidence indicating probable filing of claims, G. failure of the CONTRACTOR to make payments to subcontractor or for material or labor, H. damage to another contractor, I. unsafe working conditions allowed to persist by the CONTRACTOR, J. failure of the CONTRACTOR to provide work schedules as required by the OWNER, K. use of subcontractors without the OWNER’S approval or,
Appears in 5 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement