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<br />]4.07 Final Payment
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<br />A. App]ication for Payment
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<br />] . After Contractor has, in the opinion of
<br />Engineer, satisfactorily completed all corrections
<br />identified during the final inspection and has delivered, in
<br />accordance with the Contract Documents, all maintenance
<br />and operating instructions, schedules, guarantees, bonds,
<br />certificates or other evidence of insurance certificates of
<br />inspection, marked-up record documents (as provided in
<br />Paragraph 6. ]2), and other documents, Contractor may
<br />make application for final payment following the
<br />procedure for progress payments.
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<br />2. The final Application for Payment shall be
<br />accompanied (except as previously delivered) by:
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<br />a. all documentation called for in the Contract
<br />Documents, including but not limited to the
<br />evidence of insurance required by Paragraph
<br />5.04.B.7;
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<br />b. consent of the surety, if any, to final payment;
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<br />c. a list of all Claims against Owner that
<br />Contractor believes are unsettled; and
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<br />d. complete and legally effective releases or
<br />waivers (satisfactory to Owner) of all Lien rights
<br />arising out of or Liens filed in connection with
<br />the Work.
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<br />3. In lieu of the releases or waivers of Liens
<br />specified in Paragraph I4.07.A.2 and as approved by
<br />Owner, Contractor may furnish receipts or releases in full
<br />and an affidavit of Contractor that: (i) the releases and
<br />receipts include all labor, services, material, and
<br />equipment for which a Lien could be filed; and (ii) all
<br />payrolls, material and equipment bills, and other
<br />indebtedness connected with the Work for which Owner
<br />or Owner's property might in any way be responsible have
<br />been paid or otherwise satisfied. If any Subcontractor or
<br />Supplier fails to furnish such a release or receipt in full,
<br />Contractor may furnish a bond or other collateral
<br />satisfactory to Owner to indemnify Owner against any
<br />Lien.
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<br />B. Engineer's Review of Application and
<br />Acceptance
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<br />1. If, on the basis of Engineer's observation of
<br />the Work during construction and final inspection, and
<br />Engineer's review of the final Application for Payment
<br />and accompanying documentation as required by the
<br />Contract Documents, Engineer is satisfied that the Work
<br />has been completed and Contractor's other obligations
<br />under the Contract Documents have been fulfilled,
<br />Engineer will, within ten days after receipt of the final
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<br />App]ication for Payment, indicate in writing Engineer's
<br />recommendation of payment and present the App]ication
<br />for 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 ]4.09. Otherwise, Engineer will
<br />return the Application for Payment to Contractor, indicat-
<br />ing in writing the reasons for refusing to recommend final
<br />payment, in which case Contractor shall make the
<br />necessary corrections and resubmit the App]ication for
<br />Payment.
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<br />C. Payment Becomes Due
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<br />]. Thirty days after the presentation to Owner of
<br />the Application for Payment and accompanying docu-
<br />mentation, the amount recommended by Engineer, less
<br />any sum Owner is entitled to set off against Engineer's
<br />recommendation, including but not limited to liquidated
<br />damages, will become due and , will be paid by Owner to
<br />Contractor.
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<br />] 4.08 Final Completion Delayed
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<br />A. If, through no fault of Contractor, final
<br />completion of the Work is significantly delayed, and if
<br />Engineer so confirms, Owner shall, upon receipt of
<br />Contractor's final Application for Payment (for Work
<br />fully completed and accepted) and recommendation of
<br />Engineer, and without terminating the Contract, make
<br />payment of the balance due for that portion of the Work
<br />fully completed and accepted. If the remaining balance to
<br />be held by Owner for Work not fully completed or
<br />corrected is less than the retain age stipulated in the
<br />Agreement, and if bonds have been furnished as required
<br />in Paragraph 5.0], the written consent of the surety to the
<br />payment of the balance due for that portion of the Work
<br />fully completed and accepted shall be submitted by
<br />Contractor to Engineer with the Application for such
<br />payment. Such payment shall be made under the terms
<br />and conditions governing final payment, except that it
<br />shall not constitute a waiver of Claims.
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<br />14.09 Waiver of Claims
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<br />A, The making and acceptance of final payment
<br />will constitute:
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<br />1. a waiver of all Claims by Owner against
<br />Contractor, except Claims arising from unsettled Liens,
<br />from defective Work appearing after final inspection
<br />pursuant to Paragraph 14.06, from failure to comply with
<br />the .Contract Documents or the terms of any special
<br />guarantees specified therein, or from Contractor's
<br />continuing obligations under the Contract Documents;
<br />and
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<br />2, a waiver of all Claims by Contractor against
<br />Owner other than those previously made in accordance
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<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 - 40
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<br />04/08
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<br />06-5723
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