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I Owner in exercising the rights and remedies under ments to protect Owner's interest therein, all of this Paragraph 13.09 will be charged against which must be satisfactory to Owner. I Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract 2. Beginning with the second Application for Documents with respect to the Work; and Owner Payment, each Application shall include an affidavit I shall be entitled to an appropriate decrease in the of Contractor stating that all previous progress Contract Price. If the parties are unable to agree as payments received on account of the Work have to the amount of the adjustment, Owner may make a been applied on account to discharge Contractor's Claim therefor as provided in Paragraph 10.05. Such legitimate obligations associated with prior I claims, costs, losses and damages will include but Applications for Payment. not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, 3. The amount of retainage with respect to I removal, or replacement of Contractor's defective Work. progress payments will be as stipulated in the Agreement. D. Contractor shall not be allowed an exten- B. Review of Applications I sion of the Contract Times because of any delay in the performance of the Work attributable to the 1. Engineer will, within 10 days after receipt exercise by Owner of Owner's rights and remedies of each Application for Payment, either indicate in I under this Paragraph 13.09. writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons ARTICLE 14- PAYMENTS TO CONTRACTOR AND for refusing to recommend payment. In the latter I COMPLETION case, Contractor may make the necessary corrections and resubmit the Application. I 14.01 Schedule of Values 2. Engineer's recommendation of any pay- ment requested in an Application for Payment will A. The Schedule of Values established as constitute a representation by Engineer to Owner, provided in Paragraph 2.07.A will serve as the basis based on Engineer's observations on the Site of the I for progress payments and will be incorporated into executed Work as an experienced and qualified a form of Application for Payment acceptable to design professional and on Engineer's review of the Engineer. Progress payments on account of Unit Application for Payment and the accompanying data 1 Price Work will be based on the number of units and schedules, that to the best of Engineer's completed. knowledge, information and belief: 14.02 Progress Payments a. the Work has progressed to the point I indicated; A. Applications for Payments b. the quality of the Work is generally in 1 1. At least 20 days before the date estab- lished in the Agreement for each progress payment (subject to an evaluation of the Work as a (but not more often than once a month), Contractor functioning whole prior to or upon shall submit to Engineer for review an Application for Substantial Completion, to the results of any Payment filled out and signed by Contractor subsequent tests called for in the Contract covering the Work completed as of the date of the Documents, to a final determination of Application and accompanied by such supporting quantities and classifications for Unit Price 1 documentation as is required by the Contract Docu- ments. If payment is requested on the basis of other qualifications stated in the materials and equipment not incorporated in the recommendation); and Work but delivered and suitably stored at the Site or I at another location agreed to in writing, the Applica- c. the conditions precedent to Contractors lion for Payment shall also be accompanied by a bill being entitled to such payment appear to of sale, invoice, or other documentation warranting have been fulfilled in so far as it is 1 that Owner has received the materials and equip- Engineer's responsibility to observe the ment free and clear of all Liens and evidence that Work. the materials and equipment are covered by appropriate property insurance or other arrange- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-38 04108 Final Version 05-4893