Common use of Payments Withheld Clause in Contracts

Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Project Architect if any one or more of the following conditions precedent exist: a) Project Architect is in breach or default under this Agreement; b) Any portion of a payment is for services that were not performed in accordance with this Agreement provided, however, payment shall be made for those services which were performed in accordance with this Agreement; c) Project Architect has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Project Architect; d) If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this Agreement; or e) Project Architect has failed to achieve a level of performance necessary to maintain the project schedule. 7.3.2 No deductions shall be made from the Project Architect’s compensation on account of liquidated damages or other sums withheld from payments to Contractors or on account of the cost of changes in the Work other than those for which the Project Architect may be liable.

Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Project Architect if any one or more of the following conditions precedent exist: a) Project Architect is in breach or default under this Agreement;; or b) Any portion of a payment is for services that were not performed in accordance with this Agreement provided, however, payment shall be made for those services which were performed in accordance with this Agreement;; or c) Project Architect has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Project Architect;; or d) If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient is insufficient to complete the services in accordance with this Agreement; or e) Project Architect has failed to achieve a level of performance necessary to maintain the project Project schedule. 7.3.2 No deductions shall be made from the Project Architect’s compensation on account of liquidated damages or other sums withheld from payments to Contractors or on account of the cost of changes in the Work other than those for which the Project Architect may be liable.

Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Project Architect if any one or more of the following conditions precedent exist: a) Project Architect is in breach or default under this Agreement;; or b) Any portion of a payment is for services that were not performed in accordance with this Agreement provided, however, payment shall be made for those services which were performed in accordance with this Agreement;; or c) Project Architect has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Project Architect;; or d) If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient is insufficient to complete the services in accordance with this Agreement; or e) Project Architect has failed to achieve a level of performance necessary to maintain the project Project schedule. f) Project Architect has failed to provide the deliverables / submissions to the Owner required of this Agreement in advance of requesting payment. 7.3.2 No deductions shall be made from the Project Architect’s compensation on account of liquidated damages or other sums withheld from payments to Contractors or on account of the cost of changes in the Work other than those for which the Project Architect may be liable.

Payments Withheld. 7.3.1 Under no circumstances shall the Owner be obligated to make any payment (whether a progress payment or final payment) to Project Architect if any one or more of the following conditions precedent exist: a) : Project Architect is in breach or default under this Agreement; b) ; Any portion of a payment is for services that were not performed in accordance with this Agreement provided, however, payment shall be made for those services which were performed in accordance with this Agreement; c) ; Project Architect has failed to make payments promptly to consultants or other third parties used in connection with services for which Owner has made payment to Project Architect; d) ; If Owner, in its good faith judgment, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this Agreement; or e) or Project Architect has failed to achieve a level of performance necessary to maintain the project schedule. 7.3.2 No deductions shall be made from the Project Architect’s compensation on account of liquidated damages or other sums withheld from payments to Contractors or on account of the cost of changes in the Work other than those for which the Project Architect may be liable.