Laserfiche WebLink
Completion of that part of the Work and the division <br />of responsibility in respect thereof and access <br />thereto. <br />4. No use or occupancy or separate <br />operation of part of the Work may occur prior to <br />compliance with the requirements of Paragraph 5.10 <br />regarding property insurance. <br />14.06 Final Inspection <br />A. Upon written notice from Contractor that <br />the entire Work or an agreed portion thereof is <br />complete, Engineer will promptly make a final <br />inspection with Owner and Contractor and will notify <br />Contractor in writing of all particulars in which this <br />inspection reveals that the Work is incomplete or <br />defective. Contractor shall immediately take such <br />measures as are necessary to complete such Work <br />or remedy such deficiencies. <br />14.07 Final Payment <br />A. Application for Payment <br />1. After Contractor has, in the opinion of <br />Engineer, satisfactorily completed all corrections <br />identified during the final inspection and has <br />delivered, in accordance with the Contract Docu- <br />ments, all maintenance and operating instructions, <br />schedules, guarantees, bonds, certificates or other <br />evidence of insurance certificates of inspection, <br />marked -up record documents (as provided in <br />Paragraph 6.12), and other documents, Contractor <br />may make application for final payment following the <br />procedure for progress payments. <br />2. The final Application for Payment shall be <br />accompanied (except as previously delivered) by: <br />a. all documentation called for in the <br />Contract Documents, including but not <br />limited to the evidence of insurance required <br />by Paragraph 5.04.13.7; <br />b. consent of the surety, if any, to final <br />payment; <br />c. a list of all Claims against Owner that <br />Contractor believes are unsettled; and <br />d. complete and legally effective releases or <br />waivers (satisfactory to Owner) of all Lien <br />rights arising out of or Liens filed in <br />connection with the Work. <br />3. In lieu of the releases or waivers of Liens <br />specified in Paragraph 14.07.A.2 and as approved <br />by Owner, Contractor may furnish receipts or <br />' 04/08 Final Version <br />releases in full and an affidavit of Contractor that: (i) <br />the releases and receipts include all labor, services, <br />material, and equipment for which a Lien could be <br />filed; and (ii) all payrolls, material and equipment <br />bills, and other indebtedness connected with the <br />Work for which Owner or Owner's property might in <br />any way be responsible have been paid or otherwise <br />satisfied. If any Subcontractor or Supplier fails to <br />furnish such a release or receipt in full, Contractor <br />may furnish a bond or other collateral satisfactory to <br />Owner to indemnify Owner against any Lien. <br />B. Engineer's Review of Application and <br />Acceptance <br />1. If, on the basis of Engineer's observation <br />of the Work during construction and final inspection, <br />and Engineer's review of the final Application for <br />Payment and accompanying documentation as re- <br />quired by the Contract Documents, Engineer is <br />satisfied that the Work has been completed and <br />Contractor's other obligations under the Contract <br />Documents have been fulfilled, Engineer will, within <br />ten days after receipt of the final Application for <br />Payment, indicate in writing Engineer's recommen- <br />dation of payment and present the Application for <br />Payment to Owner for payment. At the same time <br />Engineer will also give written notice to Owner and <br />Contractor that the Work is acceptable subject to the <br />provisions of Paragraph 14.09. Otherwise, Engineer <br />will return the Application for Payment to Contractor, <br />indicating in writing the reasons for refusing to <br />recommend final payment, in which case Contractor <br />shall make the necessary corrections and resubmit <br />the Application for Payment. <br />C. Payment Becomes Due <br />1. Thirty days after the presentation to <br />Owner of the Application for Payment and <br />accompanying documentation, the amount <br />recommended by Engineer, less any sum Owner is <br />entitled to set off against Engineer's <br />recommendation, including but not limited to <br />liquidated damages, will become due and , will be <br />paid by Owner to Contractor. <br />14.08 Final Completion Delayed <br />A. If, through no fault of Contractor, final <br />completion of the Work is significantly delayed, and <br />if Engineer so confirms, Owner shall, upon receipt of <br />Contractor's final Application for Payment (for Work <br />fully completed and accepted) and recommendation <br />of Engineer, and without terminating the Contract, <br />make payment of the balance due for that portion of <br />the Work fully completed and accepted. If the <br />remaining balance to be held by Owner for Work not <br />fully completed or corrected is less than the <br />EJCDC C -700 Standard General Conditions of the Construction Contract. <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700-41 <br />05 -4893 <br />