|
§ 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br /> separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br /> items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br /> § 15.4.3 Upon receipt of the Contractor's List, the Architect will make an inspection to determine whether the Work
<br /> or designated portion thereof is substantially complete. When the Architect determines that the Work or designated
<br /> portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall
<br /> establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security,
<br /> maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall
<br /> finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall
<br /> commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise
<br /> provided in the Certificate of Substantial Completion.
<br /> § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
<br /> any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
<br /> shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br /> § 15.5 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance
<br /> and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
<br /> Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
<br /> will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
<br /> and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in
<br /> accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
<br /> Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
<br /> constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being
<br /> entitled to final payment have been fulfilled.
<br /> § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
<br /> liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could
<br /> be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains
<br /> unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be
<br /> compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.
<br /> § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from
<br /> .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
<br /> .2 failure of the Work to comply with the requirements of the Contract Documents; or
<br /> .3 terms of special warranties required by the Contract Documents.
<br /> § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
<br /> waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
<br /> the time of final Application for Payment.
<br /> ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
<br /> § 16.1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
<br /> in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of,
<br /> and shall provide reasonable protection to prevent damage, injury or loss to
<br /> .1 employees on the Work and other persons who may be affected thereby;
<br /> .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br /> site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -
<br /> subcontractors; and
<br /> .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br /> roadways, structures and utilities not designated for removal, relocation or replacement in the course
<br /> of construction.
<br /> AIA Document Al 07" — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
<br /> Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13
<br /> reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which
<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
<br />
|