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i <br /> tions made to check the quality or the quantity <br /> of the Work as it has been performed have theru„e^ce of any of the events c,;;,, <br /> been exhaustive, extended to every aspect of ated in paFagFaph 15.02.A. <br /> the Work in progress, or involved detailed <br /> inspections of the Work beyond the responsi- C. Payment Becomes Due <br /> bilities .specifically assigned to ENGINEER in <br /> the Contract Documents- or (ii) that there may 1. Ten day: er eseRtatien ef-the- <br /> not be other matters or issues between the <br /> parties,that might entitle CONTRACTOR to be ENGINEER'S Fewrimep the ame <br /> dation, <br /> paid,additionally by OWNER or entitle OWNER <br /> to withhold payment to CONTRACTOR. , e!Rd when <br /> dW Will be paid by QVVNER <br /> 4. Neither ENGINEER's review of <br /> CONTRACTOR's Work for the. purposes, of D. Reduction in Payment <br /> recommending payments nor ENGINEER's <br /> recommendation of any payment, including final 1.. OWNER may refuse: to make <br /> payment, will impose responsibility on payment of the full amount recommended by <br /> ENGINEER'to supervise, direct, or control the ENGINEER because: <br /> Work or,for the means, methods, techniques, <br /> sequences, or procedures of construction, or a. claims- have been made against <br /> the safety precautions and programs incident OWNER on account of CONTRACTOR's <br /> thereto; or for CONTRACTOR'S failure. to performance or furnishing of the Work; <br /> comply with Laws and Regulations applicable to <br /> CONTRACTOR's performance of the. Work. b. Liens have, been filed in connection <br /> Additionally, said review or recommendation will with the Work,. except where <br /> not impose responsibility on ENGINEER to CONTRACTOR has deliyer'eda. specific <br /> make-any examination to ascertain how or for Bond satisfactory to OWNER to secure the <br /> what..purpbses..CONTRACTOR has used the satisfaction and disc_ha_rge of such Liens; <br /> moneys paid on-account of the.Contract Price; <br /> or to'determine that title to any of-the Work; c. there are other items entitling_.OWN- <br /> materials, or equipment has pasted. to ER to a set-off against the amount <br /> OWNER free-and clear of any Liens. -recommebded;.or <br /> 5. ENGINEER may refuse to recom d. OWNER has actual knowledge of the <br /> mend'the whole or any part of any payment_if; occurrence of any of the events,enumerated <br /> in ENGINEER's opinion;it would-be incorrect-to in paragraphs 14.02.6:5:a through <br /> make the representations to OWNER referred 14.02.6.5.6 or paragraph 15.02.A. <br /> to in paragraph 14.02.6:2. ENGINEER may" <br /> also refuse to recommend any such payment; 2: If OWNER-refuses to,make payment <br /> or, because of subsequently discovered of the full amount. _ "recommended by <br /> evidence or the results of subsequent' ENGINEER,- .- OWNER :must give <br /> inspectionsor tests; revise or revoke any-.such CONTRACTOR immediate written notice(with <br /> payment recommendation previously made, to a_copy to ENGINEER) stating,the reasons for <br /> such extent as may be necessary in such action and promptly pay CONTRACTOR <br /> ENGINEER's-opinion.'to protect.,OWNER from any amount remaining after-deduction of the <br /> loss.because: amount so withheld. OWNER°shall promptly. <br /> pay CONTRACTOR:the amount so;withheld;.or <br /> a..-the Work is defective; or completed any adjustment thereto L agreed to by QWNER <br /> -Work—has—been-=damaged,—requiring and—CONTRACTOR,:when—CONTRACTOR <br /> correction or replacement; corrects,to OWNER's_satisfaction-the reasons <br /> for.such action. <br /> bathe Contract-Price has been reduced <br /> by W_ritten Am_endment_or Change Orders; 3. If it is subsequentiy determined-that <br /> OWNER's refusal of payment was.not justified, <br /> c .OWNER has been required to correct the amount wrongfully withheld-shall 66'. ated: <br /> defecfiye-Work or complete Work in actor- as.an amount due as-determined by paragraph <br /> dance witfi paragraph 11.0.9;or 14.02.C.1., <br /> 06766-General Conditions REV,5-10.13' <br /> 00700-39 <br /> F:1Pubric WorkMENGINEERING'DIVISION PROJECTSM30-IRC;GoUne Transfer HublAdminMAd documents"ster Contract DoamentsW0700=General Canditions REV 5.10-13.doe <br />