Payments Withheld. 4.1. The County’s Representative or the County may decline to approve any application for payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm under this Agreement or any other agreement between the County and Design-Build Firm, to such extent as may be necessary in the County's opinion to protect it from loss because of: 4.1.1. Defective Work not remedied; 4.1.2. Third party claims filed or reasonable evidence indicating probable filing of such claims; 4.1.3. Failure of Design-Build Firm to make payment properly to Subcontractors or for labor, materials or equipment; 4.1.4. Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; 4.1.5. Reasonable indication that the Work will not be completed within the Contract Time; 4.1.6. Unsatisfactory prosecution of the Work by the Design-Build Firm; 4.1.7. Failure to provide accurate and current Record Drawings; or 4.1.8. Any other material breach of the Contract Documents. 4.2. If these conditions in Subsection 4.1 are not remedied or removed, the County may, after three (3) days’ written notice, rectify the same at Design-Build Firm's expense. The County also may offset against any sums due Design-Build Firm the amount of any Liquidated or unliquidated obligations of Design-Build Firm to the County, whether relating to or arising out of this Agreement or any other agreement between Design-Build Firm and the County.
Appears in 16 contracts
Sources: Design Build Agreement, Design Build Agreement, Design Build Agreement
Payments Withheld. 4.1. 4.3.1 The County’s Representative Engineer or the County may decline to approve any application Applications for paymentPayment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative Engineer or the County may nullify the whole or any part of any inspections. The Engineer or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm Contractor under this Agreement or any other agreement between the County and Design-Build Firmthe Contractor, to such extent as may be necessary in the County's ’s opinion to protect it from loss because of:
4.1.1. 4.3.1.1 Defective Work not remedied;
4.1.2. 4.3.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims;
4.1.3. 4.3.1.3 Failure of Design-Build Firm Contractor to make payment properly to Subcontractors subcontractors or for labor, materials or equipment;
4.1.4. 4.3.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
4.1.5. 4.3.1.5 Reasonable indication that the Work will not be completed within the Contract Time;
4.1.6. 4.3.1.6 Unsatisfactory prosecution of the Work by the Design-Build FirmContractor;
4.1.7. 4.3.1.7 Failure to provide accurate and current Record Drawings“As-Builts”; or
4.1.8. 4.3.1.8 Any other material breach of the Contract Documents.
4.2. 4.3.2 If these conditions in Subsection 4.1 5.3.1 are not remedied or removed, the County may, may after three (3) days’ days written notice, rectify the same at Design-Build Firm's Contractor’s expense. The County also may offset against any sums due Design-Build Firm Contractor the amount of any Liquidated liquidated or unliquidated obligations of Design-Build Firm Contractor to the County, whether relating to or arising out of this his Agreement or any other agreement between Design-Build Firm Contractor and the County.
Appears in 6 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
Payments Withheld. 4.1. The County’s Representative or the County may decline to approve any application for payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm under this Agreement or any other agreement between the County and Design-Build Firm, to such extent as may be necessary in the County's opinion to protect it from loss because of:
4.1.1. Defective Work not remedied;
4.1.2. Third party claims filed or reasonable evidence indicating probable filing of such claims;
4.1.3. Failure of Design-Build Firm to make payment properly to Subcontractors or for labor, materials or equipment;
4.1.4. Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
4.1.5. Reasonable indication that the Work will not be completed within the Contract Time;
4.1.6. Unsatisfactory prosecution of the Work by the Design-Build Firm;
4.1.7. Failure to provide accurate and current Record Drawings; or
4.1.8. Any other material breach of the Contract Documents.
4.2. If these conditions in Subsection 4.1 are not remedied or removed, the County may, after three (3) calendar days’ written notice, rectify the same at Design-Build Firm's expense. The County also may offset against any sums due Design-Build Firm the amount of any Liquidated or unliquidated obligations of Design-Build Firm to the County, whether relating to or arising out of this Agreement or any other agreement between Design-Build Firm and the County.
Appears in 1 contract
Sources: Design Build Agreement
Payments Withheld. 4.1. 4.2.1 The County’s Representative Engineer or the County may decline to approve any application Applications for paymentPayment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative Engineer or the County may nullify the whole or any part of any inspections. The Engineer or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm Contractor under this Agreement or any other agreement between the County and Design-Build Firmthe Contractor, to such extent as may be necessary in the County's ’s opinion to protect it from loss because of:
4.1.1. 4.2.1.1 Defective Work not remedied;
4.1.2. 4.2.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims;
4.1.3. 4.2.1.3 Failure of Design-Build Firm Contractor to make payment properly to Subcontractors subcontractors or for labor, materials or equipment;
4.1.4. 4.2.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
4.1.5. 4.2.1.5 Reasonable indication that the Work will not be completed within the Contract Time;
4.1.6. 4.2.1.6 Unsatisfactory prosecution of the Work by the Design-Build FirmContractor;
4.1.7. 4.2.1.7 Failure to provide accurate and current Record Drawings“As-Builts”; or
4.1.8. 4.2.1.8 Any other material breach of the Contract Documents.
4.2. 4.3.2 If these conditions in Subsection 4.1 4.3.1 are not remedied or removed, the County may, may after three (3) days’ days written notice, rectify the same at Design-Build Firm's Contractor’s expense. The County also may offset against any sums due Design-Build Firm Contractor the amount of any Liquidated liquidated or unliquidated obligations of Design-Build Firm Contractor to the County, whether relating to or arising out of this his Agreement or any other agreement between Design-Build Firm Contractor and the County.
Appears in 1 contract
Sources: Construction Agreement
Payments Withheld. 4.1. 4.3.1 The County’s Representative Engineer or the County may decline to approve any application Applications for paymentPayment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The County’s Representative Engineer or the County may nullify the whole or any part of any inspections. The Engineer or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Design-Build Firm Contractor under this Agreement or any other agreement between the County and Design-Build Firmthe Contractor, to such extent as may be necessary in the County's ’s opinion to protect it from loss because of:
4.1.1. 4.3.1.1 Defective Work not remedied;
4.1.2. 4.3.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims;
4.1.3. 4.3.1.3 Failure of Design-Build Firm Contractor to make payment properly to Subcontractors subcontractors or for labor, materials or equipment;
4.1.4. 4.3.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
4.1.5. 4.3.1.5 Reasonable indication that the Work will not be completed within the Contract Time;
4.1.6. 4.3.1.6 Unsatisfactory prosecution of the Work by the Design-Build FirmContractor;
4.1.7. 4.3.1.7 Failure to provide accurate and current Record Drawings“As-Builts”; or
4.1.8. 4.3.1.8 Any other material breach of the Contract Documents.
4.2. 4.3.2 If these conditions in Subsection 4.1 5.3.1 are not remedied or removed, the County may, may after three (3) days’ written notice, rectify the same at Design-Build Firm's Contractor’s expense. The County also may offset against any sums due Design-Build Firm the Contractor the amount of any Liquidated liquidated or unliquidated obligations of Design-Build Firm Contractor to the County, whether relating to or arising out of this his Agreement or any other agreement between Design-Build Firm Contractor and the County.
Appears in 1 contract
Sources: Construction Agreement