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a) Refusal by the Designer to certify or the Owner to pay a payment application by the <br />CMAR for Work by the Contractor. <br />b) Defective Work not corrected. <br />c) Suits, actions, or claims of any character filed against the Contractor, or due to the <br />operations of the Contractor, or Information or notice that a suit, action, or claim will <br />be filed or has been made. <br />d) Information or notice that a Subcontractor or 'a supplier has not received payment <br />from the Contractor. <br />e) The balance unpaid of the Contract Price is Insufficient to complete the Work in the <br />judgment of the CMAR. <br />f) Damage to the CMAR, the Owner or another contractor. <br />g) Inability of the Contractor to meet a Completion Date, including an anticipated <br />failure to meet a Completion Date entitling the CMAR to withhold anticipated <br />damages in accordance with paragraphs 13.11 and - 13.12 of these General. <br />Conditions. <br />h) f=ailure to furnish Submittal as required by the Contract Documents on -a timely <br />basis in accordance with the Submittal Register. . <br />i) Such other reason as to the CMAR may appear prudent, proper, or equitable. <br />When grounds for withholding certification have been corrected. or removed, the CMAR <br />shall make any payment due with respect to such certification as a part of its next payment <br />after such certification. <br />20.6. No certificate of payment issued or progress payment made shall constitute'an acceptance <br />of the Work or any part thereof. <br />20.7 The amount certified by the CMAR for payment shall be ninety percent (90 %) of the value <br />of Work completed and materials stored since the CMAR's last certification as shown on <br />the Request for Payment, less any amounts not certified in accordance with paragraph <br />20.4, and this amount shall be paid by the CMAR on or before the last business day -of the <br />month, but payment shall not be past due if paid within fifteen (15) days thereafter. <br />20.8 If the Contractor's Work has progressed in accordance with the Master Schedule as of a <br />target date mutually agreed upon by the Owner, the Designer and the CMAR, and the <br />Contractor has provided to the CMAR the written consent of its sureties to the cessation of <br />further percentage retention, the amount certified for payment with respect to subsequent <br />Requests for Payment may, in the discretion of the CMAR, be one hundred percent (100 %) <br />of the value of Work completed and materials stored since the CMAR's last certification as <br />shown on the Request for Payment, less any amounts not certified in accordance with <br />paragraph 20.4; provided, however, that the aggregate of periodic payments shall not <br />exceed ninety -five percent (95 %) of the Contract Price. <br />ARTICLE 21. FINAL PAYMENT <br />21.1 Final Payment shall not be due to the Contractor until Final Completion. <br />21.2 Upon Substantial Completion, the CMAR in conjunction with the Designer shall prepare <br />and submit to the Contractor deficiency lists identifying all portions.of the Work which are <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT. 36 of 42 JUNE 2007 EDITION <br />