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<br />A. WheD CONTRACTOR coasiden the endre Work <br />ready for its inteDded use CONTRACTOR sba1l DOtity <br />OWNER and ENGINEER in wriliq that the CDtire Work is <br />substaDtia1ly complete (CKCpl for items specifu:a1ly listed by <br />CONTRACI'OR as incomplete) aDd ~ tbat ENGINEER <br />issue a certificate of SubstaDtiaI Completion. Promptly <br />thereafter, OWNER, CONTRACI'OR, aDd ENG~EER <br />sbal1 make aD inspectiOD of the Work to detel'Il1iDe the statuS <br />of completioD. If ENGINEER does DOt consider the Work <br />substaDtially complete, ENGINEER will DOtify <br />CONTRACI'OR in writing giving the I'CISODS therefor. If <br />ENGINEER CODS~ Ibe Work mbst,ntilllty complece. <br />ENGINEER wiD prepue aad deliver to OWNER . temadve <br />cer1ificare of S\Jbsbntilll CompJetioD which abaIl fix die date <br />of Sut.t,ntilll CompletioD. Tbcre IbaJ1 be .~ to cbe <br />cenificare.. teIItId\oe .list _ of .items to be compIered or <br />b. LieaI haw beeD filed in coaaec:doa wilb:cbc---.~ axrccted 'Wcxc mal~ 'OWNER IbaIl haw IC\"CIl <br />Work, except MIeR CONTRACTOR bas delivered . .days:after receipt of.the taItadve certi&are during wbid1 to <br />. specific DoDd sadsfactory to OWNER to secure make wriUeD.objecUOIt.to ENGINEER II to my provisioas <br />the satisfactioD aDd disc:barge of such Liens; of the cenific:ate or attacbecllist. If, after CODSidcriD& such <br />objecdous, ENGINEER CODCludea tbat die Work is DOC <br />c. there arc ocber ilems CDtidiDg OWNER to substantiaUy complete, ENGINEER will widIiD 14 days after <br />alCt<<f against the IIDOWIl recommeDdccl; or submissiOD of tbe tentative certificate to OWNER DOtify <br />CONTRACTOR ill wridDg, IWiD& the reasoas tberefor. If, <br />after coasideratioD of OWNER', objecdoal, .ENGINEER <br />c:oasiderl tile Work plMtllntilllly complete, ENGINEER wiD <br />widliD said 14 days execute aod deliver to OWNER aad <br />CONTRACTOR . defiDidvc certificate or SubsturiSlI <br />Compledoa (willi . reviled laIWive list of iraDI to be <br />compIcfed 01' comc:recI) ~ IUda ..u'P from die <br />taIIIdve ccrtificafe as ENGINEER believes jusdfied after <br />c:oasideradoD of aD)' objectiODs from OWNER. AI. tbe time <br />of deU\'ay of tbe taUdYe c::a1ificarc of SUbstaotiII Comple- <br />tion ENGINEER will deliWI' to OWNER aad CONTRAC- <br />TOR . wrtum leCIC.""~sfVwa II to diYisiaa of rapoosibiIi- <br /> <br />revise or revoke illY such payment recommendation <br />previously made, to such extent as may be necessary in <br />ENGINEER's opinion to protect OWNER from loss <br />because: <br /> <br />a. the Work is defective, or completed Work <br />bas been damaged, requiring correction or replace- <br />ment; <br /> <br />b. the Contract Price bas been reduced by <br />WrineD Amendment or Change Orders; <br /> <br />c. OWNER has been required to correct <br />defective Work or complete Work in accordance <br />with paragraph 13.09; or <br /> <br />d. ENGINEER bas actual knowledge oCiIle <br />oc:curreace of III)' of tbc evenIS eoumerated in para- <br />graph lS.02.A. <br /> <br />C. Paymenl Becomes Due <br /> <br />1. Ten days after presentation of the Application <br />for payment to OWNER with ENGINEER's recom- <br />meod,tion, the amoum recomnY.oded will (subject to the <br />provisions of paragraph 14.02.0) become due, and when <br />due will be paid by OWNER to CONTRACI'OR. <br /> <br />D. Reduaion in PaymenJ <br /> <br />1. . OWNER may refuse to make payment of the <br />full amouDl recolllJDeDded by ENGINEER because: <br /> <br />a. claims haft been made against OWNER OD <br />accouDl ofCONTRAcrOR', performance or fur- <br />DisbiDc of Ibc Wort; <br /> <br />d. OWNER has adUal knowledge of tile occur- <br />. IaICC of my of die ew:ma CDIIIIICrIIed in paracrapbs <br />14.02.B.5.. darougb 14.02.B.S.c or paragraph <br />IS.02.A. <br /> <br />2. If OWNER mfUscs to .. paymeal of tbe full <br />UDOUIIi rcc:om-Nwt by ENGINEER. OWNER must <br />gift CONTRACI'OR. hnn-'i.llfe wriaal DOCice (wicb . <br />copy to ENGINEEIl) ICadD& die reasons for aucb actioo <br />and prompCIy pay CONTRACI'OR. my IIDOWIt <br />re"ltlln"" .. cklducdoa of Ibc IIDOUIII 10 witbbdd. <br /> <br />00700 - 38 <br /> <br />OWNER shall prompdy pay CONTRACTOR the <br />amount so withheld, or &II)' IdjustmeDl thereto agreed to <br />by OWNER and CONTRACTOR, wbcn CONTRAC- <br />TOR corrects to OWNER's satisfactioD the reasoas for <br />such action. <br /> <br />3. If it is subsequently determined that OWNER's <br />refusal of payment was not justified, the amount <br />wrongfully withheld shall be treated as an amoum due as <br />detennined by paragraph 14.02.C.1. <br /> <br />14.03 CONTRACTOR's Warranty olntle <br /> <br />A. CONTRACTOR warrants and guarantees that tide <br />to all Work, materials, and equipment covered by any <br />Application forPayment,.wbetber incorporated ill the Project <br />or . DOt, wiD pass to' OWNER. DO 1aler than the time of <br />paymeDt free aDd-clear of-all Ueas. <br /> <br />14.04 SubstanliaJ Completion <br />