Common use of Withholding of Payment Clause in Contracts

Withholding of Payment. The Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanic's lien has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amount; (7) the Subcontractor is otherwise in material breach of this Subcontract; (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the Subcontractor. The Contractor will give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice of them.

Withholding of Payment. The In addition to any other grounds set forth herein, the Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanic's lien related to Subcontractor’s Work has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amount; (7) the Subcontractor is otherwise in material breach of this Subcontract; (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the Subcontractor; or (8) the Subcontractor is otherwise in breach of this Subcontract. The Contractor will promptly give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice and any intended withholdings due to deficiency items and/or breaches of themthe Subcontract.

Withholding of Payment. The Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanic's lien has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amount; (7) the Subcontractor is otherwise in material breach of this Subcontract; . (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the Subcontractor. The Contractor will give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice of them.

Withholding of Payment. The Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanic's lien has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amountcompensation; (7) the Subcontractor is otherwise in material substantial breach of this Subcontract; (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the SubcontractorContract. The Contractor will give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice of them.

Withholding of Payment. The Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanicxxxxxxxx's lien has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amountcompensation; (7) the Subcontractor is otherwise in material substantial breach of this Subcontract; (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the SubcontractorContract. The Contractor will give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice of them.

Withholding of Payment. The In addition to any other grounds set forth herein, the Contractor may withhold payment if any of the following occur: (1) the Work is defective and such defects have not been remedied; (2) the Subcontractor has failed to pay subsubcontractors or suppliers promptly or has made false or inaccurate certifications that payments to the subsubcontractors or suppliers are due or have been made; (3) any mechanic's lien related to Subcontractor’s Work has been filed against the Owner, the project site or any portion thereof or interest therein, or any improvements on the site, and the Subcontractor, upon notice, has failed to remove the lien, by bonding it off or otherwise; (4) the Subcontractor has failed to provide required scheduling or schedule update information; (5) the Contractor reasonably determines that the Subcontractor's progress has fallen behind any established schedule; (6) the Contractor has reason to believe that the balance of the Work cannot be completed, or that asserted or likely claims arising from the Subcontractor's acts or omissions cannot be resolved for the unpaid balance of the Subcontract Amount; (7) the Subcontractor is otherwise in material breach of this Subcontract; (8) The Subcontractor has not provided a lien waiver or other required documentation for the amount rightfully due to the Subcontractor; or (8) the Subcontractor is otherwise in breach of this Subcontract. The Contractor will promptly give the Subcontractor written notice of any performance deficiencies promptly upon receiving notice and any intended withholdings due to deficiency items and/or breaches of them.the Subcontract. SAMPLE