Common use of Grounds for Withholding Payment Clause in Contracts

Grounds for Withholding Payment. A. Owner may withhold payment due PROJECT MANAGER for Defective Work which has not been corrected in compliance with terms of this agreement. B. Owner may withhold payment due PROJECT MANAGER for failure by PROJECT MANAGER to meet financial obligations to Subcontractors, tradesmen or Material Suppliers on the PROJECT MANAGING. Failure to meet financial obligations shall not constitute cause to withhold payment if PROJECT MANAGER has provided a Payment Bond from a licensed Surety, guaranteeing payment of Subcontractors, Material Suppliers, and tradesmen. C. Owner may withhold payment due PROJECT MANAGER when reasonable evidence exists that the PROJECT MANAGING cannot be completed for the unpaid balance of the contract amount. Inability to complete the Project for the unpaid balance shall not constitute grounds to withhold payment if PROJECT MANAGER has provided a completion Bond from a licensed Surety guaranteeing completion of the PROJECT MANAGING. D. Owner may withhold from payments due PROJECT MANAGER a sum adequate to reimburse Owner for any damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect of PROJECT MANAGER or by anyone for whom PROJECT MANAGER may be liable. Damage to Owner shall not constitute grounds to withhold payment if PROJECT MANAGER has insurance coverage which would prevent loss to Owner from the damage claimed. E. Owner may withhold payment due PROJECT MANAGER when it is reasonable to believe that liquidated damages due Owner upon completion will exceed the balance due PROJECT MANAGER upon completion. F. Owner may withhold payment due PROJECT MANAGER for unauthorized deviations from the Contract Documents or persistent failure to observe Requirements of the Contract Documents. G. Owner may withhold payment due PROJECT MANAGER for neglect of PROJECT MANAGER to obtain a required permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such neglect of PROJECT MANAGER has a material impact on satisfactory completion of the PROJECT MANAGING in compliance with the Contract Documents. H. Owner may withhold payment due PROJECT MANAGER for failure to keep Work progressing in an orderly manner consistent with a reasonable time schedule. I. If Owner withholds any payment under terms of this agreement, Owner will notify PROJECT MANAGER in writing of the amount being withheld, the reason why payment is withheld, and what must be done to release the payment otherwise due. J. Grounds entitling Owner to withhold certain amounts due PROJECT MANAGER under this agreement shall not relieve Owner of the obligation to pay PROJECT MANAGER other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists. K. Payments made by Owner with knowledge of a Defect, Claim, damage, delinquency, neglect, or failure of PROJECT MANAGER does not constitute waiver of the right of Owner to withhold payment at a later date for an earlier Defect, Claim, damage, delinquency, neglect, or failure by PROJECT MANAGER. L. Should any mediation, arbitration or court proceeding determine that Owner was not justified in withholding payment to PROJECT MANAGER, the amount wrongfully withheld shall be treated as an unpaid balance and accrue interest as provided by Law or this contract from the calendar day payment was wrongfully withheld.

Grounds for Withholding Payment. A. Owner may withhold payment due PROJECT MANAGER Estimator for Defective Work which has not been corrected in compliance with terms of this agreement. B. Owner may withhold payment due PROJECT MANAGER for failure by PROJECT MANAGER to meet financial obligations to Subcontractors, tradesmen or Material Suppliers on the PROJECT MANAGING. Failure to meet financial obligations shall not constitute cause to withhold payment if PROJECT MANAGER has provided a Payment Bond from a licensed Surety, guaranteeing payment of Subcontractors, Material Suppliers, and tradesmen. C. Owner may withhold payment due PROJECT MANAGER Estimator when reasonable evidence exists that the PROJECT MANAGING COST cannot be completed for the unpaid balance of the contract amount. Inability to complete the Project for the unpaid balance shall not constitute grounds to withhold payment if PROJECT MANAGER Estimator has provided a completion Bond from a licensed Surety guaranteeing completion of the PROJECT MANAGINGCOST. D. C. Owner may withhold from payments due PROJECT MANAGER Estimator a sum adequate to reimburse Owner for any damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect of PROJECT MANAGER Estimator or by anyone for whom PROJECT MANAGER Estimator may be liable. Damage to Owner shall not constitute grounds to withhold payment if PROJECT MANAGER Estimator has insurance coverage which would prevent loss to Owner from the damage claimed. E. D. Owner may withhold payment due PROJECT MANAGER when it is reasonable to believe that liquidated damages due Owner upon completion will exceed the balance due PROJECT MANAGER upon completion. F. Owner may withhold payment due PROJECT MANAGER Estimator for unauthorized deviations from the Contract Documents or persistent failure to observe Requirements of the Contract Documents. G. E. Owner may withhold payment due PROJECT MANAGER Estimator for neglect of PROJECT MANAGER Estimator to obtain a required permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such neglect of PROJECT MANAGER Estimator has a material impact on satisfactory completion of the PROJECT MANAGING COST in compliance with the Contract Documents. H. F. Owner may withhold payment due PROJECT MANAGER Estimator for failure to keep Work progressing in an orderly manner consistent with a reasonable time schedule. I. G. If Owner withholds any payment under terms of this agreement, Owner will notify PROJECT MANAGER Estimator in writing of the amount being withheld, the reason why payment is withheld, and what must be done to release the payment otherwise due. J. H. Grounds entitling Owner to withhold certain amounts due PROJECT MANAGER Estimator under this agreement shall not relieve Owner of the obligation to pay PROJECT MANAGER Estimator other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists. K. I. Payments made by Owner with knowledge of a Defect, Claim, damage, delinquency, neglect, or failure of PROJECT MANAGER Estimator does not constitute waiver of the right of Owner to withhold payment at a later date for an earlier Defect, Claim, damage, delinquency, neglect, or failure by PROJECT MANAGEREstimator. L. J. Owner may withhold from the current payment an amount which could have been withheld from an earlier payment had a latent Defect or failure by Estimator been discovered before the earlier payment was made. K. Should any mediation, arbitration or court proceeding determine that Owner was not justified in withholding payment to PROJECT MANAGEREstimator, the amount wrongfully withheld shall be treated as an unpaid balance and accrue interest as provided by Law or this contract from the calendar day payment was wrongfully withheld.

Grounds for Withholding Payment. A. Owner may withhold payment due PROJECT MANAGER Plot Designer for Defective Work which has not been corrected in compliance with terms of this agreement. B. Owner may withhold payment due PROJECT MANAGER Plot Designer for failure by PROJECT MANAGER Plot Designer to meet financial obligations to Subcontractors, tradesmen or Material Suppliers on the PROJECT MANAGINGPLOT LAYOUT. Failure to meet financial obligations shall not constitute cause to withhold payment if PROJECT MANAGER Plot Designer has provided a Payment Bond from a licensed Surety, guaranteeing payment of Subcontractors, Material Suppliers, and tradesmen. C. Owner may withhold payment due PROJECT MANAGER when reasonable evidence exists that the PROJECT MANAGING cannot be completed for the unpaid balance of the contract amount. Inability to complete the Project for the unpaid balance shall not constitute grounds to withhold payment if PROJECT MANAGER has provided a completion Bond from a licensed Surety guaranteeing completion of the PROJECT MANAGING. D. Owner may withhold from payments due PROJECT MANAGER Plot Designer a sum adequate to reimburse Owner for any damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect of PROJECT MANAGER Plot Designer or by anyone for whom PROJECT MANAGER Plot Designer may be liable. Damage to Owner shall not constitute grounds to withhold payment if PROJECT MANAGER Plot Designer has insurance coverage which would prevent loss to Owner from the damage claimed. E. D. Owner may withhold payment due PROJECT MANAGER Plot Designer when it is reasonable to believe that liquidated damages due Owner upon completion will exceed the balance due PROJECT MANAGER Plot Designer upon completion. F. E. Owner may withhold payment due PROJECT MANAGER Plot Designer for unauthorized deviations from the Contract Documents or persistent failure to observe Requirements of the Contract Documents. G. F. Owner may withhold payment due PROJECT MANAGER Plot Designer for neglect of PROJECT MANAGER Plot Designer to obtain a required permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such neglect of PROJECT MANAGER Plot Designer has a material impact on satisfactory completion of the PROJECT MANAGING PLOT LAYOUT in compliance with the Contract Documents. H. G. Owner may withhold payment due PROJECT MANAGER Plot Designer for failure to keep Work progressing in an orderly manner consistent with a reasonable time schedule. I. H. If Owner withholds any payment under terms of this agreement, Owner will notify PROJECT MANAGER Plot Designer in writing of the amount being withheld, the reason why payment is withheld, and what must be done to release the payment otherwise due. J. Grounds entitling Owner to withhold certain amounts due PROJECT MANAGER under this agreement shall not relieve Owner of the obligation to pay PROJECT MANAGER other amounts then due and shall not relieve Owner of the obligation to pay in full when the reason for withholding payment no longer exists. K. I. Payments made by Owner with knowledge of a Defect, Claim, damage, delinquency, neglect, or failure of PROJECT MANAGER Plot Designer does not constitute waiver of the right of Owner to withhold payment at a later date for an earlier Defect, Claim, damage, delinquency, neglect, or failure by PROJECT MANAGERPlot Designer. L. J. Should any mediation, arbitration or court proceeding determine that Owner was not justified in withholding payment to PROJECT MANAGERPlot Designer, the amount wrongfully withheld shall be treated as an unpaid balance and accrue interest as provided by Law or this contract from the calendar day payment was wrongfully withheld.