Common use of Payments Withheld Clause in Contracts

Payments Withheld. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor.

Payments Withheld. (a) The Public Agency or its Agent agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted workwork not completed, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 Thirty-five (35) calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor.

Payments Withheld. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due including but not limited to delaysliquidated damages for delay. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor.

Payments Withheld. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays.. Informal Bid Authorized by Pub. Contract Code Section 10122 (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor.