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3. if it is subsequently determined that recommendation as to division of responsibilities Owner's refusal of payment was not justified, the pending final payment between Owner and amount wrongfully withheld shall be treated as an Contractor with respect to security,operation,safety, amount due as determined by Paragraph 14,02.0 1, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. 14,03 Contractor's Warranty of Title Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to A Contractor warrants and guarantees that Engineer's issuing the definitive certificate of title to all Work, materials, and equipment covered Substantial Completion, Engineers aforesaid recom- by any Application for Payment, whether incor- mendation will be binding on Owner and Contractor porated in the Project or not will pass to Owner no until final payment. later than the time of payment free and clear of all Liens. E. Owner shag have the right to exclude Contractor from the Site after the date of Substantial 14.04 Substantial Completion Completion subject to allowing Contractor reasonable access to complete or correct items on A. When Contractor considers the entire the tentative list Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire 14.05 Partial lftilizatrion Work is substantially complete (except for items specifically listed by Contractor as incomplete) and A. Prior to Substantial Completion of all the request that Engineer issue a certificate of Work, Owner may use or occupy any substantially Substantial Completion completed part of the Work which has specifically been identified n the Contract Documents, or which B. Promptly after Contractor's notification, , Owner, Engineer, and Contractor agree constitutes Owner, Contractor, and Engineer shall make an a separately functioning and usable part of the Work inspection of the Work to determine the status of that can be used by Owner for its intended purpose completion. If Engineer does not consider the Work without significant interference with Contractor's substantially complete. Engineer will notify performance of the remainder of the Work subject to Contractor in writing giving the reasons therefor the following conditions C. If Engineer considers the Work 1. Owner at any time may request substantially complete, Engineer will deliver to Contractor in wiling to permit Owner to use or Owner a tentative certificate of Substantial occupy any such part of the Work which Owner Completion which shall fix the date of Substantial believes to be ready for its intended use and Completion. There shall be attached to the substantially complete If and when Contractor certificate a tentative list of items to be completed or agrees that such part of the Work is substantially corrected before final payment. Owner shall have complete, Contractor will certify to Owner and seven days after receipt of the tentative certificate Engineer that such part of the Work is substantially during which to make written objection to Engineer complete and request Engineer to issue a certificate as to any provisions of the certificate or attached list. of Substantial Completion for that part of the Work If, after considering such objections, Engineer concludes that the Work is not substantially 2 Contractor at any time may notify Owner complete, Engineer will within 14 days after and Engineer in writing that Contractor considers submission of the tentative certificate to Owner notify any such part of the Work ready for its intended use Contractor in writing, stating the reasons therefor. If, and substantially complete and request Engineer to after consideration of Owner's objections, Engineer issue a certificate of Substantial Completion for that considers the Work substantially complete, Engineer part of the Work, will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Sub- 3. Within a reasonable time after either such stantial Completion with a revised tentative list of request, Owner Contractor, and Engineer shalt items to be completed or corrected) reflecting such make an inspection of that part of the Work to changes from the tentative certificate as Engineer determine its status of completion. If Engineer does believes justified after consideration of any not consider that part of the Work to be substantially objections from Owner. complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer D. At the time of delivery of the tentative considers that part of the Work to be substantially certificate of Substantial Completion, Engineer will complete, the provisions of Paragraph 14.04 will deliver to Owner and Contractor a written apply with respect to certification of Substantial EJCDC C-100 Standard General Conditions of the Construction Contract, Copyright C 2002 National Sotitty of Professional Engineers for EJCOC..All rights relined. 00100.40 03112 11-4179