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• • Work or for the means, methods, techniques, D . Reduction in Payment sequences, or procedures of construction , or the safety precautions and programs incident 1 . OWNER may refuse to make • thereto, or for CONTRACTOR's failure to payment of the full amount recommended by comply with Laws and Regulations applicable ENGINEER because: to CONTRACTOR's performance of the Work. Additionally, said review or recommendation a . claims have been made against w will not impose responsibility on ENGINEER to OWNER on account of CONTRACTOR's make any examination to ascertain how or for performance orfumishing of the Work; what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, b. Liens have been filed in connection w or to determine that title to any of the Work, with the Work, except where materials, or equipment has passed to CONTRACTOR has delivered a specific OWNER free and clear of any Liens . Bond satisfactory to OWNER to secure the • satisfaction and discharge of such Liens; 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, c. there are other items entitling OWN- in ENGINEER's opinion , it would be incorrect ER to a set-off against the amount w to make the representations to OWNER recommended ; or referred to in paragraph 14 .02. 13 .2. ENGI- NEER may also refuse to recommend any d . OWNER has actual knowledge of the • such payment or, because of subsequently occurrence of any of the events discovered evidence or the results of subse- enumerated in paragraphs 14 .02 . B . 5 .a quent inspections or tests, revise or revoke any through 14 .02. B .5 . c or paragraph 15 .02 .A. such payment recommendation previously ow made , to such extent as may be necessary in 2. If OWNER refuses to make payment ENGINEER's opinion to protect OWNER from of the full amount recommended by loss because: ENGINEER , OWNER must give • CONTRACTOR immediate written notice (with a. the Work is defective, or completed a copy to ENGINEER) stating the reasons for Work has been damaged , requiring such action and promptly pay CONTRACTOR correction or replacement; any amount remaining after deduction of the amount so withheld . OWNER shall promptly b. the Contract Price has been reduced pay CONTRACTOR the amount so withheld, or by Written Amendment or Change Orders ; any adjustment thereto agreed to by OWNER • and CONTRACTOR, when CONTRACTOR c. OWNER has been required to corrects to OWNER's satisfaction the reasons correct defective Work or complete Work in for such action. accordance with paragraph 13 .09; or 3. If it is subsequently determined that ewted�ef OWNER's refusal of payment was not justified , the owe any of the events the amount wrongfully withheld shall be treated w 9� as an amount due as determined by paragraph 14. 02.C. 1 . C. Payment Becomes Due 14.03 CONTRACTOR 's Warranty of Title Application for Payment to O ^ with A. CONTRACTOR warrants and guarantees ENGINEER's recomme n , the amount that title to all Work, materials, and equipment cov- • recommended w' ject to the provisions of ered by any Application for Payment, whether incor- paragra . 2. D) become due, and when porated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all TOR. Liens. • in 00700 - General Condnws REV 04-07 00700 - 40 F.\EngineenngV W illiamsWas erGmtract\Master Contact DocumentsW0700 - General Condit ons REV 04-07.doc