specs

Document 00800
Page 7
“With each Application for Payment, Contractor shall submit a Conditional Upon Progress Lien Waiver for each
subcontractor, vendor, or material supplier who has furnished a Preliminary Lien Notice. Furthermore, Contractor shall
provide an Unconditional Upon Progress Lien Waiver prior to submitting subsequent Applications for Payment for
additional disbursements. All Conditional and Unconditional Upon Progress Lien Waivers shall be provided in
accordance with the laws governing the State in which the Work is being performed.”
9.5.1 Delete Paragraphs 9.5.1.1 though 9.5.1.7 and replace with the following 9.5.1.1 through 9.5.1.9:
9.5.1.1 The omission of any Work required by the Contract Documents, or defective Work which has not been
remedied, in which case the Owner may, with notice to the Contractor, withhold one hundred and fifty percent
(150%) of the estimated cost or expense as a reasonable value to correct such omission or defective Work and
any damage suffered or expense incurred to remedy the omission or defect on account thereof;
9.5.1.2 Third-party claims filed or reasonable evidence indicating probable filing of such claims, including but not
limited to mechanic’s liens or stop notices, in which case Owner may withhold one hundred fifty percent
(150%) thereof as a reasonable value to protect Owner against such third-party claims and legal costs incurred
on account thereof;
9.5.1.3 Failure of Contractor to make payments properly to subcontractors, material men, laborers, or other persons
entitled to payment, in which case the Owner may withhold the amount of such failure to pay and any amount
of damage suffered or expense incurred on account thereof;
9.5.1.4 Reasonable evidence that the Work cannot be completed with the unpaid balance of the Contract Price, in
which case the Owner may withhold the unpaid balance of the Contract Sum;
9.5.1.5 Failure to carry out the Work in accordance with the Contract Documents, Supplementary Instructions, or
Project Schedule, which failure must be communicated to Contractor in writing for each cause or incident. If
Contractor fails or refuses to correct or remedy failure or deficiency, then the Owner may withhold an amount
sufficient to discharge the damage and any expenses suffered or incurred on account thereof;
9.5.1.6 Reasonable evidence that the Work will not be completed within the Contract Time, in which case the Owner
may withhold an amount sufficient to discharge the damage or expense anticipated to be suffered or incurred;
9.5.1.7 Any damage to Owner, another Contractor, or to another subcontractor performing Work on the Project to the
extent that such damage suffered and the expense incurred on account thereof is not covered by insurance, in
which case the Owner may withhold sufficient funds to discharge said damage and any expenses suffered or
incurred on account thereof;
9.5.1.8 The breach of any provisions in the Agreement or Contract Documents by Contractor to the extent of the
damage or expense suffered or incurred or the amount that can be reasonably anticipated to be suffered or
incurred on account thereof, in which case the Owner may withhold an amount sufficient to discharge the
damage and any expenses suffered or incurred on account thereof;
9.5.1.9 Failure to maintain Record Drawings updated to the “as-built” condition, or the failure to perform the Work in
accordance with approved Shop Drawings and Submittals, or the failure to perform the Work in accordance
with duly-authorized Supplementary Instructions, Change Orders or Construction Change Directives, in which
case the Owner may withhold one hundred twenty-five percent (125%) of the estimated cost and related
expenses as a reasonable value to correct such failure or reasonable expenses incurred thereof.
9.5.2 Delete this paragraph in its entirety and replace with:
“Whenever the grounds giving rise to the above withholding (Subparagraphs 9.5.1.1 through 9.5.1.9) have been
removed, Owner shall pay to Contractor the amount withheld because of such grounds, less any damages in resulting
expenses actually sustained by Owner as a result of the grounds for the withholding, the cost of the withholding, or
removal of the cause of the withholding.”
NAPA CENTURY CENTER XD 12
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