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J • Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to • comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation w will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, w or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. • 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect w to make the representations to OWNER referred to in paragraph 14.02.13.2. ENGI- NEER may also refuse to recommend any • such payment or, because of subsequently discovered evidence or the results of subse- quent inspections or tests, revise or revoke any such payment recommendation previously ow made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: • a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; • b. the Contract Price has been reduced by Written Amendment or Change Orders; • c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or • the occurrene any of the events C. Payment Becomes Due 40 1. TER days afte� Application for Payment to O with ENGINEER's recomme n, the amount • recommended w' ject to the provisions of paragra . 2.D) become due, and when du All" hp nnid hir OWNFR to CONTRA TOR. • in 1• D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance orfumishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment cov- ered by any Application for Payment, whether incor- porated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 00700-40 F.\EngineeringV W illiamsWas erGmtract\Master Contac[ DocumentsW0700 - General conditions REV 04-07.doc 00700 - General Conddions REV 04-07