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3. By recommending any such payment a. the Work is defective, or completed Work Engineer will not thereby be deemed to have has been damaged, requiring correction or represented that: replacement; a. inspections made to check the quality or b. the Contract Price has been reduced by the quantity of the Work as it has been Change Orders; performed have been exhaustive, extended to every aspect of the Work in progress, or c. Owner has been required to correct involved detailed inspections of the Work defective Work or complete Work in accor- beyond the responsibilities specifically as- dance with Paragraph 13.09; or signed to Engineer in the Contract Docu- ments; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated b. that there may not be other matters or in Paragraph 15.02.A. issues between the parties that might entitle Contractor to be paid additionally by Owner C. Payment Becomes Due or entitle Owner to withhold payment to Contractor. 1. Ten days after presentation of the Application for Payment to Owner with Engineer's 4. Neither Engineer's review of Contractor's recommendation, the amount recommended will Work for the purposes of recommending payments (subject to the provisions of Paragraph 14.02.D) nor Engineer's recommendation of any payment, become due, and when due will be paid by Owner to including final payment, will impose responsibility on Contractor. Engineer: D. Reduction in Payment a. to supervise, direct, or control the Work, or 1. Owner may refuse to make payment of the full amount recommended by Engineer because: b. for the means, methods, techniques, sequences, or procedures of construction, or a. claims have been made against Owner on the safety precautions and programs account of Contractor's performance or fur- incident thereto, or nishing of the Work; c. for Contractor's failure to comply with b. Liens have been filed in connection with Laws and Regulations applicable to the Work, except where Contractor has Contractor's performance of the Work, or delivered a specific bond satisfactory to Owner to secure the satisfaction and d. to make any examination to ascertain how discharge of such Liens; or for what purposes Contractor has used the moneys paid on account of the Contract c. there are other items entitling Owner to a Price, or set-off against the amount recommended; or e. to determine that title to any of the Work, d. Owner has actual knowledge of the occur- materials, or equipment has passed to rence of any of the events enumerated in Owner free and clear of any Liens. Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's 2. If Owner refuses to make payment of the opinion, it would be incorrect to make the full amount recommended by Engineer, Owner will representations to Owner stated in Paragraph give Contractor immediate written notice (with a 14.02.8.2. Engineer may also refuse to recommend copy to Engineer) stating the reasons for such action any such payment or, because of subsequently and promptly pay Contractor any amount remaining discovered evidence or the results of subsequent after deduction of the amount so withheld. Owner inspections or tests, revise or revoke any such shall promptly pay Contractor the amount so with- payment recommendation previously made, to such held, or any adjustment thereto agreed to by Owner extent as may be necessary in Engineer's opinion to and Contractor, when Contractor corrects to Owner's protect Owner from loss because: satisfaction the reasons for such action. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 02002 National Society of Professional Engineers for EJCDC. All rights resen'ed. 00700-39 03/12 11-4179