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ERI Consulting, Inc. <br /> <br /> 7.2.2 In preparing estimates all material delivered and labor performed <br /> shall be included in the progress upon which payment is based. <br /> <br /> 7.2.3 The Owner may withhold or, on account of subsequently discovered <br /> evidence, nullify that part of any certificate to such extent as may <br /> be necessary to protect the Owner from loss on account of: <br /> <br /> 7.2.3.1 Defective work not remedied. <br /> <br /> 7.2.3.2 Damage to work of another contractor. <br /> <br /> 7.2.3.3 Failure to maintain scheduled progress. <br /> <br /> 7.2.3.4 Receipt of written notice by the Owner of unpaid bills, as <br /> stipulated in Chapter 53, Subchapter J, Texas Property Code if <br /> the Contractor has not provided a payment bond and if the <br /> Contractor Sum does not exceed $25,000.00. Any funds so <br /> with-held may be released to the Contractor if he furnishes an <br /> acceptable bond for release of lien as provided in Chapter 53, <br /> subchapter J, Texas Property Code. <br /> <br /> When the above grounds are removed, payment will be made for amounts <br /> withheld because of them. <br /> <br /> 7.2.4 All material and work covered by partial payments made shall <br /> thereupon become the sole property of the Owner, but this provision <br /> shall not be construed as relieving the Contractor from the sole <br /> responsibility for the care and protection of materials and work <br /> upon which payments have been made, or the restoration of any <br /> damaged work, or as a waiver of the right of the Owl%er to require <br /> the fulfillment of all of the terms of the Contract. <br /> <br /> 7.2.5 Payments to the Contractor shall not be construed to release the <br /> Contractor or his surety from any obligations under this Contract. <br /> <br />7.3 CLAIMS FOR UI~PAID LA~ORAi~D MATERIALS: <br /> <br /> 7.3.1 When the value of the Contract between the Owner and the Contractor <br /> is not in excess of $25,000.00, claimants are referred to Chapter <br /> 53, Subchapter J, Texas Property Code, for requirements that are <br /> prerequisite to the filing of a valid lien on funds unpaid to the <br /> Contractor at the time of filing of the claim. <br /> <br /> 7.3.2 When the Prime Contract (Contract between the Owner and the <br /> Contractor) is in excess of $25,000.00, claims must be sent direct <br /> to the Contractor and his surety in accordance with Chapter 53, <br /> subchapter J, Texas Property Code. The Owner will furnish, in <br /> accordance with such Article, a copy of the Payment Bond as provided <br /> therein to claimants upon their request. All claimants are <br /> <br /> <br />