S Purchasing - Construction Manager at Risk Services for Emergency Services Facility

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a} Refusal by the Designer to certify ar the Owner to pay a payment application by the CMAR for Work by the Contractor. b} Defective Work not corrected. c) Suits, actions, or claims of any character filed against the Contractor, or due to the operations of the Contractor, or information or notice that a suit, action, or claim wilt be filed or has been made. d) Information or notice that a Subcontractor or a supplier has not received payment from the Contractor. e) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment of the CMAR. f} Damage to the CMAR, the Owner or another contractor. g) Inability ofi the Contractor fo meet a Completion Date, includ'+ng an anticipated failure to meet a Completion Date entitling the CMAR to withhold anticipated damages in accordance with paragraphs 13.11 and 13.12 of these General Conditions. h) Failure to furnish Submittal as required by the Contract Documents on a timely basis in accordance with the Submittal Register. i} Sueh other reason as to the CMAR may appear prudent, proper, or equitable. When grounds for withholding certification have been corrected or removed, the CMAR shall make any payment due with respect to such certification as a part of its next payment after such certification. 20.6 No certificate of payment issued or progress payment made shall constitute an acceptance of the W ork or any part thereof. 20.7 The amount certified by the CMAR far payment shall be ninety percent (90%} of the value of Work completed and materials stored since the CMAR's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, and this amount shalt be paid by the CMAR on or before the last business day of the month, but payment shall not be past due if paid within fifteen (i 5}days thereafter. 20.8 if the Contractor's Work has progressed In accordance with the Master Schedule as of a target date mutually agreed upon by the Owner, the Designer and the CMAR, and the Contractor has provided to the CMAR the written consent oen wth r~especihto subsequent further percentage retention, fhe amount certified for paym Requests for Payment may, Ln the discretion of the CMAR, be one hundred percent {100°/a} of the value of Work completed and materials stored since the CMAR's last certifscation as shown on the Request for Payment, less any am eu ate of eroded ' a acentsashall not paragraph 20.4; provided, however, that the agg g p p ~ exceed ninety-five percent (95%} of the Contract Price. ARTICLE 21. FINAL PAYMENT' 21.1 f=inal Payment shall not be due to the Contractor until Final Completion. 21.2 Upon Substantial Completion, the CMAR in conjunction with the Designer shall prepare and submit to the Contractor deficiency lists identifying all portions of the Work which are GENERAL. CONDI7lONS FOR CM AT RISK PROJECT 36 of 42 JUNE 2007 EDITION