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<br />C. If Engineer considers the Work substantially
<br />complete, Engineer will deliver to Owner a tentative
<br />certificate of Substantial Completion which shall fix the
<br />date of Substantial Completion. There shall be attached to
<br />the certificate a tentative list of items to be completed or
<br />corrected before final payment. Owner shall have seven
<br />days after receipt of the tentative certificate during which
<br />to make written objection to Engineer as to any provisions
<br />of the certificate or attached list. If, after considering such
<br />objections, Engineer concludes that the Work is not
<br />substantially complete, Engineer will within 14 days after
<br />submission of the tentative certificate to Owner notify
<br />Contractor in writing, stating the reasons therefor. If, after
<br />consideration of Owner's objections, Engineer considers
<br />the Work substantially complete, Engineer will within
<br />said 14 days execute and deliver to Owner and Contractor
<br />a definitive certificate of Substantial Completion (with a
<br />revised tentative list of items to be completed or correct-
<br />ed) reflecting such changes from the tentative certificate
<br />as Engineer believes justified after consideration of any
<br />objections from Owner.
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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 - 37
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<br />,.,
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<br />e. to determine that title to any of the Work,
<br />materials, or equipment has passed to Owner free
<br />and clear of any Liens.
<br />
<br />,.,
<br />.
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<br />5. Engineer may refuse to recommend the whole
<br />or any part of any payment if, in Engineer's opinion, it
<br />would be incorrect to make the representations to Owner
<br />stated in Paragraph 14.02.B.2. Engineer may also refuse
<br />to recommend any such payment or, because of subse-
<br />quently discovered evidence or the results of subsequent
<br />inspections or tests, revise or revoke any such payment
<br />recommendation previously made, to such extent as may
<br />be necessary in Engineer's opinion to protect Owner from
<br />loss because:
<br />
<br />I
<br />
<br />I
<br />
<br />...,
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<br />
<br />I
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<br />a, the Work is defective, or completed Work has
<br />been damaged, requiring correction or replace-
<br />ment;
<br />
<br />,.,
<br />.
<br />
<br />b. the Contract Price has been reduced by
<br />Change Orders;
<br />
<br />n
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<br />
<br />c. Owner has been required to correct defective
<br />Work or complete Work in accordance with
<br />Paragraph 13.09; or
<br />
<br />f"1
<br />.
<br />
<br />d. Engineer has actual knowledge of the
<br />occurrence of any of the events enumerated in
<br />Paragraph 15.02.A.
<br />
<br />.,
<br />.
<br />
<br />C. Payment Becomes Due
<br />
<br />...,
<br />
<br />1. Ten days after presentation of the Application
<br />for Payment to Owner with Engineer's recommendation,
<br />the amount recommended will (subject to the provisions
<br />of Paragraph 14.02.D) become due, and when due will be
<br />paid by Owner to Contractor.
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<br />D. Reduction in Payment
<br />
<br />,..,
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<br />1. Owner may refuse to make payment of the full
<br />amount recommended by Engineer because:
<br />
<br />.
<br />
<br />,..,
<br />
<br />.
<br />
<br />a. claims have been made against Owner on
<br />account of Contractor's performance or furnish-
<br />ing of the Work;
<br />
<br />'1
<br />.
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<br />b. Liens have been filed in connection with the
<br />Work, except where Contractor has delivered a
<br />specific bond satisfactory to Owner to secure the
<br />satisfaction and discharge of such Liens;
<br />
<br />,.,
<br />.
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<br />c. there are other items entitling Owner to a
<br />set-off against the amount recommended; or
<br />
<br />h
<br />.
<br />
<br />d. Owner has actual knowledge of the occurrence
<br />of any of the events enumerated in Paragraphs
<br />14.02.B.5.a through 14.02.B.5.c or Paragraph
<br />15.02.A.
<br />
<br />...,
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<br />rl
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<br />2. If Owner refuses to make payment of the full
<br />amount recommended by Engineer, Owner will give
<br />Contractor immediate written notice (with a copy to
<br />Engineer) stating the reasons for such action and promptly
<br />pay Contractor any amount remaining after deduction of
<br />the amount so withheld. Owner shall promptly pay
<br />Contractor the amount so withheld, or any adjustment
<br />thereto agreed to by Owner and Contractor, when
<br />Contractor corrects to Owner's satisfaction the reasons 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 amount due as
<br />determined by Paragraph 14.02.C.I.
<br />
<br />14.03 Contractor's Warranty of Tille
<br />
<br />A. Contractor warrants and guarantees that title
<br />to all Work, materials, and equipment covered by any
<br />Application for Payment, whether incorporated in the
<br />Project or not, will pass to Owner no later than the time of
<br />payment free and clear of all Liens.
<br />
<br />14.04 Substantial Completion
<br />
<br />A. When Contractor considers the entire Work
<br />ready for its intended use Contractor shall notify Owner
<br />and Engineer in writing that the entire Work is
<br />substantially complete (except for items specifically listed
<br />by Contractor as incomplete) and request that Engineer
<br />issue a certificate of Substantial Completion.
<br />
<br />B. Promptly after Contractor's notification, ,
<br />Owner, Contractor, and Engineer shall make an
<br />inspection of the Work to determine the status of
<br />completion. If Engineer does not consider the Work
<br />substantially complete, Engineer will notify Contractor in
<br />writing giving the reasons therefor.
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