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Orange County West Campus Office Building -HVAC <br />PDC Project 23020 GENERAL CONDITIONS (INFORMAL <br />PROJECT)00 72 00 - 12 <br />ENTITLED TO ANY CLAIM OR CLAIM OF LIEN AGAINST OWNER FOR ANY ADDITIONAL <br />COMPENSATION OR DAMAGES IN THE EVENT OF SUCH TERMINATION AND PAYMENT. <br />OWNER'S RIGHT TO DO WORK <br />IF,DURING THE PROGRESS OF THE WORK OR DURING THE PERIOD OF GUARANTEE,THE <br />CONTRACTOR FAILS TO PROSECUTE THE WORK PROPERLY OR TO PERFORM ANY PROVISION OF <br />THE CONTRACT,THE OWNER,AFTER SEVEN (7)DAYS'WRITTEN NOTICE SENT BY CERTIFIED <br />MAIL,RETURN RECEIPT REQUESTED,TO THE CONTRACTOR FROM THE DESIGNER,MAY <br />PERFORM OR HAVE PERFORMED THAT PORTION OF THE WORK.THE COST OF THE WORK MAY <br />BE DEDUCTED FROM ANY AMOUNTS DUE OR TO BECOME DUE TO THE CONTRACTOR,SUCH <br />ACTION AND COST OF SAME HAVING BEEN FIRST APPROVED BY THE DESIGNER.SHOULD THE <br />COST OF SUCH ACTION OF THE OWNER EXCEED THE AMOUNT DUE OR TO BECOME DUE THE <br />CONTRACTOR,THEN THE CONTRACTOR OR HIS SURETY,OR BOTH,SHALL BE LIABLE FOR AND <br />SHALL PAY TO THE OWNER THE AMOUNT OF SAID EXCESS. <br />REQUESTS FOR PAYMENT <br />CONTRACTOR SHALL REFER TO THE SUPPLEMENTAL GENERAL CONDITIONS FOR SPECIFIC <br />DIRECTIONS ON PAYMENT SCHEDULE,PROCEDURES AND THE NAME AND ADDRESS WHERE TO <br />SEND APPLICATIONS FOR PAYMENTS FOR THIS PROJECT.IT IS IMPERATIVE THAT INVOICES BE <br />SENT ONLY TO THE ABOVE ADDRESS IN ORDER TO ASSURE PROPER AND TIMELY DELIVERY AND <br />HANDLING. <br />THE DESIGNER/OWNER WILL PROCESS ALL CONTRACTOR PAY REQUESTS AS THE PROJECT <br />PROGRESSES.THE CONTRACTOR SHALL RECEIVE PAYMENT WITHIN THIRTY (30)CONSECUTIVE <br />DAYS AFTER DESIGNER/OWNER’S APPROVAL OF EACH PAY REQUEST.PAYMENT WILL ONLY BE <br />MADE FOR WORK PERFORMED AS DETERMINED BY THE DESIGNER/OWNER. <br />RETAINAGE: <br />RETAINAGE WITHHELD WILL NOT EXCEED 5%AT ANY TIME. <br />THE SAME TERMS APPLY TO GENERAL CONTRACTOR AND SUBCONTRACTORS ALIKE. <br />FOLLOWING 50%COMPLETION OF THE PROJECT NO FURTHER RETAINAGE WILL BE WITHHELD IF <br />THE CONTRACTOR/SUBCONTRACTOR HAS PERFORMED THEIR WORK SATISFACTORILY. <br />EXCEPTIONS: <br />OWNER/CONTRACTOR CAN REINSTATE RETAINAGE IF THE CONTRACTOR/SUBCONTRACTOR <br />DOES NOT CONTINUE TO PERFORM SATISFACTORILY. <br />FOLLOWING 50%COMPLETION OF THE PROJECT,THE OWNER IS AUTHORIZED TO WITHHOLD <br />ADDITIONAL RETAINAGE FROM A SUBSEQUENT PERIODIC PAYMENT IF THE AMOUNT OF <br />RETAINAGE WITHHELD FALLS BELOW 2.5%. <br />Docusign Envelope ID: 8DED1454-68D2-4E36-9FC6-E56FF2124E5D