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i <br /> i <br /> parties that might entitle CONTRACTOR to be 1. Ten daysafter—presentatiGnr, of the <br /> paid additionally by OWNER or entitle OWNER AppliGatisn for—Payment to OWNER--w& <br /> to withhold payment to CONTRACTOR. ENGINEER's reGommendatiOR, the arnount <br /> renemmended ���il�liTJ Gt tn the prev}s�gns of <br /> 4. Neither ENGINEER's review of paragraph 14 rn D) me due, and when <br /> CONTRACTOR's Work for the purposes of due will be paid by 01 INER to CONTRAGTOR, <br /> recommending payments nor ENGINEER's <br /> recommendation of any payment, including final D. Reduction in Payment <br /> payment, will impose responsibility on <br /> ENGINEER to supervise, direct, or control the 1. OWNER may refuse to make <br /> Work or for the means, methods, techniques, payment of the full amount recommended by <br /> sequences, or procedures of construction, or ENGINEER because: <br /> the safety precautions and programs incident <br /> thereto, or for CONTRACTOR's failure to a.claims have been made against <br /> comply with Laws and Regulations applicable to OWNER on account of CONTRACTOR's <br /> CONTRACTOR's performance of the Work. performance or furnishing of the Work; <br /> Additionally, said review or recommendation will <br /> not impose responsibility on ENGINEER to b. Liens have been filed in connection <br /> make any examination to ascertain how or for with the Work, except where <br /> what purposes CONTRACTOR has used the CONTRACTOR has delivered a specific j <br /> moneys paid on account of the Contract Price, Bond satisfactory to OWNER to secure the <br /> or to determine that title to any of the Work, satisfaction and discharge of such Liens; <br /> materials, or equipment has passed to <br /> OWNER free and clear of any Liens. c. there are other items entitling OWN- <br /> ER to a set-off against the amount <br /> 5. ENGINEER may refuse to recom- recommended;or <br /> mend the whole or any part of any payment if, <br /> - - ---- --- in ENGINEER's opinion,-it would be-incorrect to - - --- d.OWNER-has actual-knowledge of-the <br /> make the representations to OWNER referred occurrence of any of the events enumerated <br /> to in paragraph 14.02.13.2. ENGINEER may in paragraphs 14.02.B.5.a through <br /> also refuse to recommend any such payment 14.02.B.5.c or paragraph 15.02.A. i <br /> or, because of subsequently discovered <br /> evidence or the results of subsequent 2. If OWNER refuses to make payment <br /> inspections or tests, revise or revoke any such of the full' amount recommended by <br /> payment recommendation previously made, to ENGINEER, OWNER must give <br /> such extent as may be necessary in CONTRACTOR immediate written notice (with <br /> ENGINEER's opinion to protect OWNER from a copy to ENGINEER) stating the reasons for <br /> loss because: such action and promptly pay CONTRACTOR <br /> any amount remaining after deduction of the <br /> a. the Work is defective, or completed amount so withheld. OWNER shall promptly <br /> Work has been damaged, requiring pay CONTRACTOR the amount so withheld, or <br /> correction or replacement; any adjustment thereto agreed to by OWNER <br /> and CONTRACTOR, when CONTRACTOR <br /> b. the Contract Price has been reduced corrects to OWNER's satisfaction the reasons <br /> by Written Amendment or Change Orders;. for such action. <br /> c. OWNER has been required to correct 3. If it is subsequently determined that <br /> defective Work or complete Work in actor- OWNER's refusal of payment was not justified, <br /> dance with paragraph 13.09; or the amount wrongfully withheld shall be treated <br /> as an amount due as determined by paragraph <br /> d. ENGINEER has .,,.tual l(no ledge-of 14.02.C.1. <br /> the GGGurrenGe of any of o events enumer- <br /> ated <br /> h . <br /> ated in pa graph 15�-^��y 14.03 CONTRACTOR's Warranty of Title j <br /> C. Payment Becomes Due A. CONTRACTOR warrants and guarantees <br /> that title to all Work, materials,and equipment covered <br /> by any Application for Payment, whether incorporated <br /> I <br /> 00700-General Conditions REV 5-10-13 <br /> 00700-40 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1213C IRC Shooting Range Hunter Eduction ClassroomMmin\bid documents\Master Contract DocumentM00700-General <br /> Conditions REV 5-10-13.dac <br />