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Page | 44 <br />Revised 12/24 <br /> <br />46. PAYMENTS WITHHELD <br /> <br />46.1. The Project Designer may withhold a certificate for payment in whole or in part, to the extent <br />reasonably necessary to protect the Owner. If the Project Designer is unable to certify payment in <br />the amount of the application, the Project Designer will notify the CMAR and the Owner in <br />writing. If the CMAR and Project Designer cannot agree on a revised amount, the Project Designer <br />will promptly issue a certificate for payment for the amount for which the Project Designer is able <br />to make such representations to the Owner. The Project Designer may also withhold a certificate <br />for payment, in whole or in part, to such extent as may be necessary in the Project Des igner’s <br />opinion to protect the Owner from loss for which the CMAR or the Subcontractor(s) is responsible, <br />including loss resulting from acts and omissions, because of: <br /> <br />46.1.1. Defective Work not remedied; <br /> <br />46.1.2. Third party claims filed or reasonable evidence indicating probable filing of such claims <br />unless security acceptable to the Owner is provided by the CMAR; <br /> <br />46.1.3. Failure of the CMAR or Subcontractor(s) to make payments properly to Subcontractors <br />or sub-subcontractors or for labor, materials or equipment; <br /> <br />46.1.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the <br />GMP; <br /> <br />46.1.5. Damage to the Owner or another Subcontractor; <br /> <br />46.1.6. Reasonable evidence that the Work will not be completed within the contract time, and <br />that the unpaid balance would not be adequate to cover actual or liquidated damages for <br />the anticipated delay; <br /> <br />46.1.7. Failure to carry out the Work in accordance with the Contract Documents; <br /> <br />46.1.8. Failure to provide sales tax documentation as required by the Owner; <br /> <br />46.1.9. Failure or refusal of the CMAR or Subcontractors to submit the required information on <br />minority business enterprises; <br /> <br />46.1.10. Any other reason deemed necessary by the Project Designer to protect the Owner un less <br />arbitrary and unreasonable; or <br /> <br />46.1.11. Subsequently discovered evidence that Work previously approved was not performed in <br />accordance with the Contract Documents. <br /> <br />46.2. When the above reasons for withholding certification are removed, certificat ion will be made for <br />amounts previously withheld. <br /> <br />46.3. The Owner’s Representative may withhold a certificate for payment in whole or in part, to the <br />extent reasonably necessary to protect the Owner. <br /> <br />47. INSURANCE REQUIREMENTS <br /> <br />47.1. CMAR shall procure and maintain for the duration of the contract the following insurance <br />coverage from an insurance company(s) possessing a rating of A -VI or higher from the A.M. <br />Best Company or an equivalent rating service. All of the policies required of the CMAR shall <br />contain a waiver of subrogation provision to waive all rights of recovery under subrogation or <br />otherwise against the Owner. CMAR shall advise the Owner of any cancellation, non-renewal, or <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78