Laserfiche WebLink
<br />00700 - 33/38 <br /> <br />Application for Payment with the ENGINEER's recommendation, the amount <br />recommended will (subject to the provisions of Paragraph 14.5B) become due <br />and when due will be paid by the OWNER to the CONTRACTOR. <br /> <br />B. The OWNER may refuse to make payment of the full amount recommended by <br />the ENGINEER because claims have been made against the OWNER on <br />account of the CONTRACTOR's performance of the Work or Liens have been <br />filed in connection with the Work or there are other items entitling the OWNER to <br />a credit against the amount recommended, but the OWNER must give the <br />CONTRACTOR written notice within seven (7) days (with a copy to the <br />ENGINEER) stating the reasons for such action. <br /> <br />14.6 PARTIAL UTILIZATION <br /> <br />A. The OWNER shall have the right to utilize or place into service any item of <br />equipment or other usable portion of the Work prior to completion of the Work. <br />Whenever the OWNER plans to exercise said right, the CONTRACTOR will be <br />notified in writing by the OWNER, identifying the specific portion or portions of <br />the Work to be so utilized or otherwise placed into service. <br /> <br />B. It shall be understood by the CONTRACTOR that until such written notification is <br />issued, all responsibility for care and maintenance of all items or portions of the <br />Work to be partially utilized shall be borne by the CONTRACTOR. Upon <br />issuance of said written notice of partial utilization, the OWNER will accept <br />responsibility for the protection and maintenance of all such items or portions of <br />the Work described in the written notice. <br /> <br />C. The CONTRACTOR shall retain full responsibility for satisfactory completion of <br />the Work, regardless of whether a portion thereof has been partially utilized by <br />the OWNER and the CONTRACTOR's one year correction period shall <br />commence only after the date of Substantial Completion for the Work. <br /> <br />14.7 SUBSTANTIAL COMPLETION <br /> <br />A. When the CONTRACTOR considers the Work ready for its intended use the <br />CONTRACTOR shall notify the OWNER and the ENGINEER in writing that the <br />Work is substantially complete and request that the ENGINEER prepare a <br />Certificate of Substantial Completion/Notice of Completion. Within a reasonable <br />time thereafter, the OWNER, the CONTRACTOR, and the ENGINEER shall <br />make an inspection of the Work to determine the status of completion. If the <br />ENGINEER does not consider the Work substantially complete, the ENGINEER <br />will notify the CONTRACTOR in writing giving the reasons therefor. If the <br />ENGINEER considers the Work substantially complete, the ENGINEER will <br />prepare and deliver to the OWNER for its execution and recordation the <br />Certificate of Substantial Completion/Notice of Completion signed by the <br />ENGINEER and CONTRACTOR, which shall fix the date of Substantial <br />Completion. As applicable, there shall be attached to the Certificate/Notice a list <br />of items to be completed or corrected before final payment. <br /> <br />14.8 FINAL APPLICATION FOR PAYMENT <br />