Laserfiche WebLink
constitute a waiver of or otherwise prejudice the Owner's right to <br />subsequently reinstate full retainage, as to that subcontractor, should <br />circumstances justify such action in the Owner's sole judgment. <br />7. Upon Substantial Completion of the entire Work of the Contractor, a <br />sum, sufficient to increase payments to the Contractor to one hundred <br />' percent (100 %) of the Contract Sum, less amounts, if any for incomplete <br />Work and unsettled claims, shall be paid to Contractor with the next <br />sequential payment application after Substantial Completion is obtained. <br />Delete Paragraph 14.05 and replace with the following: <br />' A. The Owner may occupy or use any completed or partially completed <br />portion of the Work at any stage when such portion is designated by <br />separate agreement with the Contractor, provided such occupancy or use <br />is consented by the insurer, in accordance with Paragraph 5.06.A.5 and <br />as authorized by public authorities having jurisdiction over the Work. <br />Such partial occupancy or use may commence whether or not the portion <br />is substantially complete, provided Owner and Contractor have accepted <br />in writing the responsibilities assigned to each of them for payments, <br />Retainage, if any, security, maintenance, heat, utilities, damage to Work <br />and insurance, and have agreed in writing concerning the period for <br />correction of Work and commencement of warranties required by the <br />Contract Documents. When the Contractor considers a portion <br />substantially complete, the Contractor shall prepare and submit a <br />comprehensive list to the Engineer of the items to be completed or <br />corrected prior to final payment. The Failure to include an item on such <br />list does not alter the responsibility of the Contractor to complete all <br />Work in accordance with the Contract Documents. Consent of the <br />Contractor to partial occupancy or use shall not be unreasoanbaly <br />withheld. The stage of the progress of the Work shall be determined by <br />written agreement between the Owner and the Contractor, or if no <br />agreement is reached, by decision of the Engineer. <br />' B. Immediately or prior to such partial occupancy or use, the Owner, <br />Contractor, and Engineer shall jointly inspect the area to be occupied or <br />the portion of the Work to be used in order to determine and record the <br />condition of the Work. <br />C. Unless otherwise agreed upon, partial occupancy or use of a portion or <br />portions of the Work shall not constitute acceptance of the Work not <br />complying with the Contract Documents." <br />1 <br />After the least sentence in Paragraph 14.04.13, insert the following: <br />"C. Once 1) the definitive certificate of completion has been issued to the <br />Owner and the Contractor and 2) once consent of the surety, if any, has <br />been obtained, the Owner shall make payment of Retainage applying to <br />such Work or designated portion thereof. Such payment shall be <br />SUPPLEMENTARY CONDITIONS 00800 -10 <br />