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parties that might entitle CONTRACTOR to be a . TeflaysafteF ppe.sep4l-^r44 <br /> paid additionally by OWNER or entitle OWNER Application for Payment to O with <br /> to withhold payment to CONTRACTOR . ENGINEER' s recommen n , the amount <br /> recommended wi sect to the provisions of <br /> 4 . Neither ENGINEER' s review of paragra 2 . D) become due, and when <br /> CONTRACTOR' s Work for the purposes ofTv ' 15 be rna;d by OWNER te CONTRACT-OR . <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 <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. <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 accor- 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 gnten ' kpewle�f 14 . 02 . C . 1 . <br /> the occurr ijio the events ereF <br /> In paragraph . 14 . 03 CONTRACTOR 's Warranty of Title <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 /> 00700 - General Conditions REV 04-07 <br /> 00700 - 40 <br /> FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General <br /> Conditions REV <br /> 04-07.doc <br />