Common use of cannot be made Clause in Contracts

cannot be made. If the Owner or Architect is unable to certify payment in the amount of the Application, the Owner or Architect will notify the Contractor. If the Contractor and Architect, or Contractor and Owner, as the case may be, cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount that can be certified. The Owner or Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Paragraph 3.3.2, because of

Appears in 31 contracts

Sources: Contract for Construction Manager at Risk, Construction Manager at Risk Contract, Contract for Construction

cannot be made. If the Owner or Architect is unable to certify payment in the amount of the Application, the Owner or Architect will notify the ContractorContractor and Owner as provided in Section 3.6. 3.1. If the Contractor and Architect, or Contractor and Owner, as the case may be, Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount that can be certifiedfor which Architect is able to make these representations to Owner. The Owner or Architect may shall also withhold the whole or part of a Certificate for Payment Payment, or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Paragraph 3.3.2of others for which Contractor is responsible under the Contract Documents, because ofof .1 defective Work not remedied;

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

cannot be made. If the Owner or Architect is unable to certify payment in the amount of the Application, the Owner or Architect will notify the ContractorContractor and Owner as provided in Section 3.6.3. 1. If the Contractor and Architect, or Contractor and Owner, as the case may be, Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount that can be certifiedfor which Architect is able to make these representations to Owner. The Owner or Architect may shall also withhold the whole or part of a Certificate for Payment Payment, or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Paragraph 3.3.2of others for which Contractor is responsible under the Contract Documents, because of

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect