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DocuSign Envelope ID: 72E7BD50- E5C5- 4BEA- B4AA- FCA907469BF8 <br />39 <br />b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations <br />of the Contractor, or information or notice that a suit, action, or claim will be filed or has been <br />made. <br />c) Information or notice that a Subcontractor or a supplier has not received payment. <br />d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment <br />of the Designer or Owner. <br />e) Damage to the Owner or another contractor. <br />f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet <br />a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in <br />accordance with paragraphs 13.15 and 13.17 hereof. <br />g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in <br />accordance with the Submittal Register. <br />h) Such other reason as to the Designer may appear prudent, proper, or equitable. When <br />grounds for withholding certification have been corrected, the Designer shall so certify to the <br />Owner and the Owner shall make any payment due with respect to such certification as a part of <br />his next payment after such certification. <br />20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work <br />or any part thereof. <br />20.7 The amount certified by the Designer for payment shall be ninety -five percent (95 %) of the <br />value of Work completed and materials stored since the Designer's last certification as shown <br />on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, <br />and this amount shall be paid by the Owner on or before the last business day of the month, but <br />payment shall not be past due until not paid within fifteen (15) days thereafter. <br />20.8 After certification by the Designer that the Work is fifty percent (50 %) complete, based on a <br />determination that the Contractor's gross project invoices, excluding the value of materials <br />stored off -site, equal or exceed fifty percent (50 %) of the value of the Contract, (except the <br />value of materials stored on -site shall not exceed twenty percent (20 %) of the Contractor's gross <br />project invoices for the purpose of determining whether the Project is fifty percent (50 %) <br />complete) and the Contractor has provided to the Owner the written consent of its sureties to <br />the cessation of further percentage retention, the amount certified for payment with respect to <br />subsequent Requests for Payment shall be one hundred percent (100 %) of the value of Work <br />completed and materials stored since the Designer's last certification as shown on the Request <br />for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; <br />provided, however, that the aggregate of periodic payments shall not exceed ninety -seven and <br />one half percent (97.5 %) of the Contract Price. If the Owner determines that the Contractor's <br />performance under the Contract is unsatisfactory, the Owner may resume withholding <br />percentage retention from each subsequent periodic payment application up to the maximum <br />amount of five percent (5 %) of the Contract Price. <br />Revised 10/17 <br />