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.. ,....,...- :.. ..------- -- -- <br />------ <br />parties that might entitle CONTRACTOR to be*.. <br />1. Ten rads afteF presentatiGn of <br />paid additionally by OWNER or entitle OWNER <br />it= <br />to withhold payment to CONTRACTOR. <br />4. Neither ENGINEER's review of <br />FeGOFArnended the pmyisien <br />paragFaph 14 e, and wheFi <br />E <br />CONTRACTOR's Work for the purposes of <br />due will be paid by QWNER to GQNTRAG <br />recommending payments nor ENGINEER's <br />!= <br />recommendation of any payment, including final <br />D. Reduction in Payment' <br />payment, will impose responsibility on <br />ENGINEER to supervise, direct, or control the <br />1. OWNER may refuse to make <br />Work or for the means, methods, techniques, <br />payment of the full amount recommended by <br />sequences, or procedures of construction, or <br />ENGINEER because: <br />the .safety precautions and programs incident <br />thereto, or for CONTRACTOR's failure to <br />a. claims have been made against <br />comply with Laws and Regulations applicable to <br />OWNER on account of CONTRACTOR's <br />CONTRACTOR's performance of the Work. <br />performance-or furnishing of the Work; <br />Additionally, said review or recommendation will <br />not impose responsibility on ENGINEER to <br />b. Liens have been filed in connection <br />make any examination to ascertain how or for <br />with the Work, except where <br />.r <br />what purposes CONTRACTOR has used the <br />CONTRACTOR has delivered a specific <br />moneys paid on account of the Contract Price, <br />Bond satisfactory to OWNER to secure the <br />or to determine that title to any of the Work, <br />satisfaction and discharge of such Liens; <br />materials, or equipment has passed to <br />OWNER free and clear of any liens. <br />c. there are other items entitling OWN- <br />ER to a set-off against the amount <br />_ .. ......... _- ..... 5ENGINEER. may refuse to--recom--------- <br />-------------recommended; or <br />mend the whole or any part of any payment if, <br />in ENGINEER's opinion, it would be incorrect to <br />d. OWNER has actual knowledge of the <br />make the representations to OWNER referred <br />occurrence of any of the events enumerated <br />to in paragraph 14.02.B.2. ENGINEER may <br />in paragraphs 14.02.B.5.a through <br />also refuse to recommend any such payment <br />14.02.B.5.c or paragraph 15.02.A. <br />or, because of subsequently discovered <br />;. <br />evidence or the results of subsequent <br />2. If OWNER refuses to make payment <br />inspections or tests, revise or revoke any such <br />of the full amount recommended by <br />payment recommendation previously made, to <br />ENGINEER, OWNER must give <br />such extent as may be necessary in <br />CONTRACTOR immediate written notice (with <br />ENGINEER's opinion to protect OWNER from <br />a copy to ENGINEER) stating the reasons for <br />loss because: <br />such action and promptly pay CONTRACTOR <br />any amount remaining after, deduction. of the <br />a. the Work is defective, or completed <br />amount so withheld. OWNER shall promptly <br />Work has been damaged, requiring <br />pay CONTRACTOR the amount so withheld, or <br />correction or replacement; <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />' <br />b. the Contract Price has been reduced <br />corrects to OWNER's satisfaction the reasons <br />by Written Amendment or Change Orders; <br />for such action. <br />c. OWNER has been required to correct <br />3. If it is subsequently determined that <br />defective Work or. complete Work in actor- <br />OWNER's refusal of payment was not justified, <br />dance with paragraph 13.09; or <br />the amount wrongfully withheld shall be treated <br />' <br />as an amount due as determined by paragraph <br />the the <br />14.02.C.1. <br />GGGUrFen6e of any of eyeAts enumer <br />. <br />14.03 CONTRACTOR's Warranty of Tile <br />i <br />C. Payment Becomes D.Me <br />A. CONTRACTOR warrants and, guarantees <br />that title to all Work, materials, .and equipment covered <br />; <br />by any Application for Payment, whether incorporated <br />i. <br />00700 - General Conditions Master <br />, <br />00700-40 <br />F:1Public Woft%ENGINEERING DMSION ORO JECTS11736 IRC Health Department Roof Repleoement ProJect%1-AdminMd DocumentsNote.r Contract Documents%00700 - General <br />Condltlons Master.doc <br />