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Application to OWNER or return the Application to 5. ENGINEER may refuse to recommend the whole CONTRACTOR indicating in writing ENGINEER's or any part of any payment if, in ENGINEER's opinion, it reasons for refusing to recommend payment. In the would be incorrect to make the representations to latter case, CONTRACTOR may make the necessary OWNER referred to in paragraph 14 .02.B.2. ENGI- corrections and resubmit the Application- NEER may also refuse to recommend any such pay- ment or, because of subsequently discovered evidence 2. ENGINEER's recommendation of any payment or the results of subsequent inspections or tests, revise requested in an Application for Payment will constitute a or revoke any such payment recommendation representation by ENGINEER to OWNER, based on previously made, to such extent as may be necessary in ENGINEER's observations on the Site of the executed ENGINEER's opinion to protect OWNER from loss Work as an experienced and qualified design because: professional and on ENGINEER's review of the Appli- cation for Payment and the accompanying data and a. the Work is defective, or completed Work schedules, that to the best of ENGINEER's knowledge, has been damaged, requiring correction or replace- information and belief: ment; a. the Work has progressed to the point b. the Contract Price has been reduced by indicated ; Written Amendment or Change Orders: b. the quality of the Work is generally in accor- c. OWNER has been required to correct dance with the Contract Documents (subject to an defective Work or complete Work in accordance evaluation of the Work as a functioning whole prior with paragraph 13 .09; or to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract ., d . ENGINEER has actual knowledge of the Documents, to a final determination of quantities occurrence of any of the events enumerated in and classifications for Unit Price Work under paragraph 15.02.A. paragraph 9.08, and to any other qualifications slated in the recommendation); and C. Payment Becomes Due c. the conditions precedent to 1 .Ten days after presentation of the Application for CONTRACTOR's being entitled to such payment Payment to OWNER with ENGINEER's recommenda- appear to have been fulfilled in so far as it is tion, the amount recommended will (subject to the ENGINEER's responsibility to observe the Work. provisions of paragraph 14.020) become due, and when due will be paid by OWNER to CONTRACTOR . 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented D. Reduction in Payment that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have 1 .0WNER may refuse to make payment of the full been exhaustive, extended to every aspect of the Work amount recommended by ENGINEER because: in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to a . claims have been made against OWNER ENGINEER in the Contract Documents; or (ii) that there on account of CONTRACTOR's performance or fur- may not be other matters or issues between the parties nishing of the Work; that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to b. Liens have been fled in connection with the CONTRACTOR. Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure 4. Neither ENGINEER's review of the satisfaction and discharge of such Liens ; CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation c. there are other items entitling OWNER to a of any payment, including final payment, will impose set-off against the amount recommended; or responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, d . OWNER has actual knowledge of the occur- sequences, or procedures of construction, or the safety rence of any of the events enumerated in para- precautions and programs incident thereto, or for CON- graphs 14.02.B .5.a through 14 .02.B.5.c or para- TRACTOR's failure to comply with Laws and Regu- graph 15.02.A. lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation 2- If OWNER refuses to make payment of the full will not impose responsibility on ENGINEER to make amount recommended by ENGINEER, OWNER must any examination to ascertain how or for what purposes give CONTRACTOR immediate written notice (with a CONTRACTOR has used the moneys paid on account copy to ENGINEER) stating the reasons for such action of the Contract Price, or to determine that title to any of and promptly pay CONTRACTOR any amount the Work, materials, or equipment has passed to remaining after deduction of the amount so withheld. OWNER free and clear of any Liens. OWNER shall promptly pay CONTRACTOR the amount so withheld , or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- 00700 General Conditions (EICDC).doc 00700 - 31 1907-039 121nch WM - Vero Lake atates` DocumrntsV epodsteidding Contract Speciticatlons100700 General Conditions (UCDC).doc