Common use of ACCEPTANCE AND FINAL PAYMENT Clause in Contracts

ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER

ACCEPTANCE AND FINAL PAYMENT. When As soon as the contract work has been accepted substantially and satisfactorily completed, the Owner’s Representative will make a final inspection of the work. If the work has been substantially and satisfactorily completed, the Owner’s Representative will make a final estimate and statement that the work provided for under this Contract has been completed and that he recommends acceptance, subject to the terms and conditions of the Contract. After acceptance by the Owner, the balance found to be due the Contractor, according to the terms of payment, shall be due payment by the Owner. Acceptance or final payment shall not be construed to be an acceptance of defects. Prior to filing of final estimate, and prior to authorization of final payment, the Contractor shall submit to the Owner an affidavit showing evidence of release from all liens which may have arisen from this Contract, and that all claims or demands of subcontractors, laborers, workmen, mechanics, material-men and furnishes of machinery and parts thereof, equipment, power tools, and all supplies including commissary incurred in the furtherance of the performance of the Contract are satisfied. NO FINAL PAYMENT WILL BE AUTHORIZED UNTIL SUCH AFFIDAVIT HAS BEEN FURNISHED. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material-men and furnishes of machinery and parts thereof, equipment, power tools, and all supplies including commissary incurred in the furtherance of the performance of this Contract. The Contractor shall furnish satisfactory evidence that all obligations of the nature above designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in accordance with the requirements terms of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performedthis Contract. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days In paying any unpaid bills of the Contractor's receipt , the Owner shall be deemed the agent of the Engineer's final estimateContractor. If, after such 30-day period, a dispute still exists, The Owner shall not be liable to the Contractor may approve the Engineer's estimate under protest of the quantities for any such payments made in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50good faith. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNERMISCELLANEOUS

ACCEPTANCE AND FINAL PAYMENT. When Upon receipt of notice from Contractor that the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50is substantially completed or ready for final inspection and acceptance, the Engineer will prepare promptly make such inspection, and when he finds the final Work acceptable under this Agreement and this Agreement fully performed or substantially completed he will promptly issue a certificate stating that the work required by this Agreement has been completed or substantially completed and is accepted by him under the terms and conditions hereof, and the entire balance found to be due the Contractor, including any retainage, if any, less a retention based on the Engineer’s estimate of the fair value of the claims against the Contractor and the cost of completing the incomplete or unsatisfactory items of work actually performedwith specified amounts for each incomplete or defective item of work, is due and payable. The Contractor shall approve date of substantial completion of the Engineer's Work or specified area of the Work is the date when the construction is sufficiently completed in accordance with this Agreement, as modified by any change orders agreed to by the Parties, so that the Owner can make use of the project for which it was intended. Before issuance of final estimate or advise payment, the Contractor, if requested will certify in writing to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, or otherwise satisfied, except that in case of his/her objections to the final estimate which are based on disputes in measurements disputed indebtedness or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (liens, if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, this Agreement does not include a dispute still existspayment bond, the Contractor may approve submit in lieu of certification of payment a surety bond in the Engineer's estimate under protest amount of the quantities disputed indebtedness or liens, guaranteeing payment of all such disputed amounts, including all related costs and interest in disputeconnection with said disputed indebtedness or liens which the Owner may be compelled to pay upon adjudication. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and such disputed quantities shall be considered by the Engineer so recommends, the Owner as a claim in accordance with will, upon recommendation of the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES Engineer and without terminating this Agreement make payment of Section 50the balance due for that portion of the work fully completed and accepted. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final Such payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted made under the provisions terms and conditions governing final payment, except that it will not constitute a waiver of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNEROwner.