Common use of Payments Withheld Clause in Contracts

Payments Withheld. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County as provided in Section 109.06(d)(1). If the Contractor and the County cannot agree on a revised amount, the County will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County may nullify the whole or any part of any Certificate for Payment previously issued. (2) The County may withhold from the Contractor so much of any payment approved by the A/E, as may in the judgment of the County be necessary: a. To protect the County from loss due to defective work not remedied; b. To protect the County upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims; c. To protect the County upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum; d. To protect the County upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or e. To protect the County upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents. (3) If required by the County-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that indicated on the payment schedule; the Contractor shall notify the County at least thirty (30) days in advance of that payment so that the necessary allocation of funds can be processed. In the event the Contractor fails to submit a practicable and realistic payment schedule, the Contractor's Application for Payment shall be honored only to the extent that the Work is actually performed and that the proportion of payments made to the Contract Sum does not exceed the proportion of the Contract Time expired as of the time of the request.

Payments Withheld. (1) The County Owner may withhold the payment in whole or in part, if necessary, to reasonably protect the CountyOwner. If the A/E is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County Owner as provided in Section 109.06(d)(1). If the Contractor and the County Owner cannot agree on a revised amount, the County Owner will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County Owner may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County Owner may nullify the whole or any part of any Certificate for Payment previously issued. (2) The County Owner may withhold from the Contractor so much of any payment approved by the A/E, as may in the judgment of the County Owner be necessary: a. To protect the County Owner from loss due to defective work not remedied; b. To protect the County Owner upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims; c. To protect the County Owner upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum; d. To protect the County Owner upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or e. To protect the County Owner upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents. (3) If required by the CountyOwner-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that indicated on the payment schedule; the Contractor shall notify the County Owner at least thirty (30) days in advance of that payment so that the necessary allocation of funds can be processed. In the event the Contractor fails to submit a practicable and realistic payment schedule, the Contractor's Application for Payment shall be honored only to the extent that the Work is actually performed and that the proportion of payments made to the Contract Sum does not exceed the proportion of the Contract Time expired as of the time of the request.

Payments Withheld. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E Engineer of Record is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County as provided in Section 109.06(d)(1109.08(d)(1). If the Contractor and the County cannot agree on a revised amount, the County will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County may nullify the whole or any part of any Certificate for Payment previously issued. (2) The County may withhold from the Contractor so much of any payment approved by the A/EEngineer of Record, as may in the judgment of the County be necessary: a. To protect the County from loss due to defective work not remedied; b. To protect the County upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims; c. To protect the County upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum; d. To protect the County upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or e. To protect the County upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents. (3) If required by the County-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that indicated on the payment schedule; the Contractor shall notify the County at least thirty (30) days in advance of that payment so that the necessary allocation of funds can be processed. In the event the Contractor fails to submit a practicable and realistic payment schedule, the Contractor's Application for Payment shall be honored only to the extent that the Work is actually performed and that the proportion of payments made to the Contract Sum does not exceed the proportion of the Contract Time expired as of the time of the request.

Payments Withheld. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E Engineer of Record is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County as provided in Section 109.06(d)(1109.08(d)(1). If the Contractor and the County cannot agree on a revised amount, the County will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County may nullify the whole or any part of any Certificate for Payment previously issued. (2) The County may withhold from the Contractor so much of any payment approved by the A/EEngineer of Record, as may in the judgment of the County be necessary: a. To protect the County from loss due to defective work not remedied; b. To protect the County upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims; c. To protect the County upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum; d. To protect the County upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or e. To protect the County upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents. (3) If required by the County-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that indicated on the payment schedule; the Contractor shall notify the County at least thirty (30) calendar days in advance of that payment so that the necessary allocation of funds can be processed. In the event the Contractor fails to submit a practicable and realistic payment schedule, the Contractor's Application for Payment shall be honored only to the extent that the Work is actually performed and that the proportion of payments made to the Contract Sum does not exceed the proportion of the Contract Time expired as of the time of the request.

Payments Withheld. (1) The County may withhold the payment in whole or in part, if necessary, to reasonably protect the County. If the A/E is unable to make representations as provided in Section 109.08(b) and to recommend payment in the amount of the application, he will notify the County as provided in Section 109.06(d)(1). If the Contractor and the County cannot agree on a revised amount, the County will promptly issue a Certificate for Payment for the amount for which he is able to make representations with respect to payment due for work performed. The County may also decline to certify or make payment or, because of subsequently discovered evidence or subsequent observations, the County may nullify the whole or any part of any Certificate for Payment previously issued. (2) The County may withhold from the Contractor so much of any payment approved by the A/E, as may in the judgment of the County be necessary: a. To protect the County from loss due to defective work not remedied; b. To protect the County upon receipt of Notice of the filing in court or in an arbitration proceeding as may be required in any third party contract, of verified claims of any persons supplying labor or materials for the Work, or other verified third party claims; c. To protect the County upon reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Sum; d. To protect the County upon reasonable evidence that the Work will not be completed within the Contract Time, or any Contract Milestones as established by this Contract; or e. To protect the County upon the Contractor's failure to properly schedule and coordinate the work in accordance with or as required by the Contract Documents, or failure to provide progress charts, revisions, updates or other scheduling data as required by the Contract Documents, or upon the Contractor's failure to provide as-built drawings as required herein, or upon Contractor's failure to otherwise substantially or materially comply with the Contract Documents. (3) If required by the County-Contractor Agreement, the Contractor shall, concurrent with his submission of the Construction Schedule, submit a practicable and realistic payment schedule showing the dates on which the Contractor will submit each and every Application for Payment and the amount he expects to receive for each and every monthly progress payment. If during the performance of the Work, the Contractor expects to receive an amount for a monthly progress payment larger than that indicated on the payment schedule; the Contractor shall notify shallnotify the County at least thirty (30) days in advance of that payment so that the necessary allocation of funds can be processed. In the event the Contractor fails to failsto submit a practicable and realistic payment schedule, the Contractor's Application for Payment shall be honored only to the extent that the Work is actually performed and that the proportion of payments made to the Contract Sum does not exceed the proportion of the Contract Time expired as of the time of the request.