Common use of Review of Applications Clause in Contracts

Review of Applications. A. The COUNTY’s approval of any payment requested in an Application for Payment will constitute a representation by the COUNTY that to the best of the COUNTY’s knowledge, information and belief: (i) the Work has progressed to the point indicated; (ii) the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the Work, and to any other qualifications stated in the recommendation); and (iii) the conditions precedent to the CONTRACTOR’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTY’s responsibility to observe the Work. B. The COUNTY’s approval of any payment requested in an Application for Payment will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work performed have been exhaustive, extended to every aspect of the Work, or were detailed inspections of the Work; or (ii) there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the COUNTY or entitle the COUNTY to withhold payment to the CONTRACTOR. C. The COUNTY may reject the payment request or invoice within 20 (twenty) days after the date on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount because: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance or furnishing of the Work; (ii) Liens have been filed in connection with the Work, except where the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective or the completed Work has been damaged, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.

Review of Applications. A. The COUNTY1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYEngineer’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 13.03, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYEngineer’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Engineer in the Contract; or (ii) or b. there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer’s review of Contractor’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against a. to supervise, direct, or control the COUNTY on account Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the CONTRACTORsafety precautions and programs incident thereto; c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance or furnishing of the Work; (ii) Liens have been filed in connection with d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, except where materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the CONTRACTOR has delivered a specific Bond satisfactory whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the COUNTY representations to secure the satisfaction and discharge of such Liens;Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (iii) there are other items entitling the COUNTY to a set-off against the amount recommended.offs) necessary in Engineer’s opinion to protect Owner from loss because: (iv) a. the Work is defective or the completed Work has been damageddefective, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) b. the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Priceby Change Orders; (viii) the COUNTY c. Owner has been required to correct defective Work or complete the Work in accordance with the Contract DocumentsParagraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; (ix) the CONTRACTOR failed d. Owner has been required to carry out the Work in accordance with the Contract Documents, remove or otherwise unsatisfactory prosecution remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the Work; (x) occurrence of any other breach of, of the events that would constitute a default under, violation of, or failure to comply with the provisions of by Contractor and therefore justify termination for cause under the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.

Review of Applications. A. The COUNTY1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER’s approval reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER’s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER’s observations on the COUNTY Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYENGINEER’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject sub- ject to an evaluation of the Work as a functioning function- ing whole prior to or upon Substantial CompletionComple- tion, to the results of any subsequent tests called for in the Contract Documents, to a final determination deter- mination of quantities and classifications for Unit Price the WorkWork under paragraph 9.08, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTOR’s being entitled to such payment pay- ment appear to have been fulfilled in so far as it is the COUNTYENGINEER’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the COUNTY OWNER or entitle the COUNTY OWNER to withhold payment to the CONTRACTOR. C. The COUNTY may reject 4. Neither ENGINEER’s review of CONTRACTOR’s Work for the payment request purposes of recom- mending payments nor ENGINEER’s recommenda- tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or invoice within 20 (twenty) days after control the date Work or for the means, meth- ods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR’s failure to comply with Laws and Regulations applicable to CONTRACTOR’s performance of the Work. Additionally, said review or recommendation will not impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount because: (i) claims have been made against the COUNTY moneys paid on account of the CONTRACTOR’s performance Contract Price, or furnishing to determine that title to any of the Work; (ii) Liens have been filed in connection with the Work, except where the CONTRACTOR materials, or equipment has delivered a specific Bond satisfactory passed to the COUNTY to secure the satisfaction OWNER free and discharge clear of such any Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER’s opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER’s opinion to protect OWNER from loss because: a. the Work is defective defective, or the completed Work has been damaged, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) b. the Contract Price has been reduced because of modifications by Written Amendment or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract PriceChange Orders; (viii) the COUNTY c. OWNER has been required to correct defective Work or complete the Work in accordance with the Contract Documents;paragraph 13.09; or (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution d. ENGINEER has actual knowledge of the Work; (x) occurrence of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.events enumerated in paragraph 15.02.A.

Review of Applications. A. The COUNTY1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYEngineer’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 13.03, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYEngineer’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Engineer in the Contract; or (ii) or b. there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer’s review of Contractor’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance a. to supervise, direct, or furnishing of the Work; (ii) Liens have been filed in connection with control the Work, except where or b. for the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge means, methods, techniques, sequences, or procedures of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective construction, or the completed Work has been damagedsafety precautions and programs incident thereto, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.or

Review of Applications. A. The COUNTY’s approval 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the COUNTY Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTY’s Engineer's knowledge, information and belief: (i) a. the Work has progressed to the point indicatedindicat- ed; (ii) b. the quality of the Work is generally in accordance accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 9.07, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTOR’s Contractor's being entitled to such payment appear to have been fulfilled in so far as it is the COUNTY’s Engineer's responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or (ii) or b. that there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer's review of Contractor's Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance a. to supervise, direct, or furnishing of the Work; (ii) Liens have been filed in connection with control the Work, except where or b. for the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge means, methods, techniques, sequences, or procedures of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective construction, or the completed Work has been damagedsafety precautions and programs incident thereto, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.or

Review of Applications. A. The COUNTY1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYEngineer’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 9.07, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYEngineer’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or (ii) or b. there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer’s review of Contractor’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance a. to supervise, direct, or furnishing of the Work; (ii) Liens have been filed in connection with control the Work, except where or b. for the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge means, methods, techniques, sequences, or procedures of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective construction, or the completed Work has been damagedsafety precautions and programs incident thereto, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.or

Review of Applications. A. The COUNTY1. Architect will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application for Payment to Owner or return the Application for Payment to Construction Manager indicating in writing Architect’s approval reasons for refusing to recommend payment. In the latter case, Construction Manager may make the necessary corrections and resubmit the Application for Payment. 2. Architect’s recommendation of any payment requested in an Application for Payment will constitute a representation by Architect to Owner, based on Architect’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Architect’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYArchitect’s knowledge, information and belief: (i) a. the Work has progressed to the point indicatedindicated in the most recent Progress Schedule; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 9.07, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORConstruction Manager’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYArchitect’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any payment requested in an Application for Payment such payment, Architect will not thereby be deemed to have represented that: (i) SAMPLE a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Architect in the Contract Documents; or (ii) or b. there may not be other matters or issues between the parties that might entitle the CONTRACTOR Construction Manager to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORConstruction Manager. C. The COUNTY may reject 4. Neither Architect’s review of Construction Manager’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Architect’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseArchitect: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance a. to supervise, direct, or furnishing of the Work; (ii) Liens have been filed in connection with control the Work, except where or b. for the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge means, methods, techniques, sequences, or procedures of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective construction, or the completed Work has been damagedsafety precautions and programs incident thereto, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.or

Review of Applications. A. The COUNTY1. Project Administrator will, within 20 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Project Administrator’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Project Administrator’s recommendation of any payment requested in an Application for Payment will constitute a representation by Project Administrator to Owner, based on Project Administrator’s observations on the COUNTY Site of the executed Work as an experienced and qualified professional and on Project Administrator's review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYProject Administrator’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 9.07, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYProject Administrator’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Project Administrator will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Project Administrator in the Contract Documents; or (ii) b. that there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Project Administrator’s review of Contractor’s Work for neither the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Project Administrator’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseProject Administrator: (i) claims have been made against the COUNTY on account of the CONTRACTOR’s performance a. to supervise, direct, or furnishing of the Work; (ii) Liens have been filed in connection with control the Work, except where or b. for the CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and discharge means, methods, techniques, sequences, or procedures of such Liens; (iii) there are other items entitling the COUNTY to a set-off against the amount recommended. (iv) the Work is defective construction, or the completed Work has been damagedsafety precautions and programs incident thereto, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price; (viii) the COUNTY has been required to correct defective Work or complete the Work in accordance with the Contract Documents; (ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; (x) of any other breach of, default under, violation of, or failure to comply with the provisions of the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.or

Review of Applications. A. The COUNTY1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYEngineer’s knowledge, information and belief: (i) the a. The Work has progressed to the point indicated; (ii) the b. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 13.03, and to any other qualifications stated in the recommendation); and (iii) the c. The conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYEngineer’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) inspections : a. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Engineer in the Contract; or (ii) there or b. There may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer’s review of Contractor’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against a. To supervise, direct, or control the COUNTY on account Work; b. For the means, methods, techniques, sequences, or procedures of construction, or the CONTRACTORsafety precautions and programs incident thereto; c. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance or furnishing of the Work; (ii) Liens have been filed in connection with d. To make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. To determine that title to any of the Work, except where materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the CONTRACTOR has delivered a specific Bond satisfactory whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the COUNTY representations to secure the satisfaction and discharge of such Liens;Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (iii) there are other items entitling the COUNTY to a set-off against the amount recommended.offs) necessary in Engineer’s opinion to protect Owner from loss because: (iv) the a. The Work is defective or the completed Work has been damageddefective, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) the b. The Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Priceby Change Orders; (viii) the COUNTY c. Owner has been required to correct defective Work or complete the Work in accordance with the Contract DocumentsParagraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; (ix) the CONTRACTOR failed d. Owner has been required to carry out the Work in accordance with the Contract Documents, remove or otherwise unsatisfactory prosecution remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the Work; (x) occurrence of any other breach of, of the events that would constitute a default under, violation of, or failure to comply with the provisions of by Contractor and therefore justify termination for cause under the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.

Review of Applications. A. The COUNTYDRAFT 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s approval reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the COUNTY executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of the COUNTYEngineer’s knowledge, information and belief: (i) a. the Work has progressed to the point indicated; (ii) b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price the WorkWork under Paragraph 13.03, and to any other qualifications stated in the recommendation); and (iii) c. the conditions precedent to the CONTRACTORContractor’s being entitled to such payment appear to have been fulfilled in so far as it is the COUNTYEngineer’s responsibility to observe the Work. B. The COUNTY’s approval of 3. By recommending any such payment requested in an Application for Payment Engineer will not thereby be deemed to have represented that: (i) : a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the WorkWork in progress, or were involved detailed inspections of the WorkWork beyond the responsibilities specifically assigned to Engineer in the Contract; or (ii) or b. there may not be other matters or issues between the parties that might entitle the CONTRACTOR Contractor to be paid additionally by the COUNTY Owner or entitle the COUNTY Owner to withhold payment to the CONTRACTORContractor. C. The COUNTY may reject 4. Neither Engineer’s review of Contractor’s Work for the payment request or invoice within 20 (twenty) days after the date purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on which the payment request or invoice is stamped as received by the COUNTY. The rejection must be in writing and must specify the deficiency in the payment request or invoice and the action necessary to make the payment request or invoice proper. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. D. The COUNTY may refuse to make payment of the full amount becauseEngineer: (i) claims have been made against a. to supervise, direct, or control the COUNTY on account Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the CONTRACTORsafety precautions and programs incident thereto; c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance or furnishing of the Work; (ii) Liens have been filed in connection with d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, except where materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the CONTRACTOR has delivered a specific Bond satisfactory whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the COUNTY representations to secure the satisfaction and discharge of such Liens;Owner stated in Paragraph 15.01.C.2. DRAFT 6. Engineer will recommend reductions in payment (iii) there are other items entitling the COUNTY to a set-off against the amount recommended.offs) necessary in Engineer’s opinion to protect Owner from loss because: (iv) a. the Work is defective or the completed Work has been damageddefective, requiring correction or replacement; (v) the Work for which payment is requested cannot be verified; (vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor, materials or equipment in connection with the Work; (vii) b. the Contract Price has been reduced because of modifications or there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Priceby Change Orders; (viii) the COUNTY c. Owner has been required to correct defective Work or complete the Work in accordance with the Contract DocumentsParagraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; (ix) the CONTRACTOR failed d. Owner has been required to carry out the Work in accordance with the Contract Documents, remove or otherwise unsatisfactory prosecution remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the Work; (x) occurrence of any other breach of, of the events that would constitute a default under, violation of, or failure to comply with the provisions of by Contractor and therefore justify termination for cause under the Contract Documents. E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the reasons for such action and promptly pay the CONTRACTOR any amount remaining after deduction of the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons for such action to the COUNTY’s satisfaction.