Application for Final Payment. Upon full performance of all the Contract Work and the full performance of all the provisions of the Contract, the CONTRACTOR shall submit a final application for payment to the OWNER, the CONTRACTOR shall notify the Engineer that the improvement is ready for inspection. All warranties and guaranties required of the CONTRACTOR by the Contract Documents shall be assembled and delivered by the CONTRACTOR to the OWNER as Part of the final Application for Payment. The Contractor will assign to the Owner all manufacturer’s warranties relating to materials and labor used in the work and will perform the Work in such a manner as to preserve all such manufacturer’s warranties. The CONTRACTOR will deliver a certificate evidencing that insurance and bonds required by the Contract Documents will remain in full force and effect pursuant to the requirements of the Contract. The final Certificate for Payment will not be issued until all such warranties and guaranties have been received and accepted by the Owner, and a Certificate of Acceptance is issued by the Engineer.
Application for Final Payment. The Application for Payment submitted by Design- Builder after the Certificate of Final Acceptance has been issued and which meets all of the requirements set forth in Section 6.5.1.
Application for Final Payment. Once Owner has issued a Certificate of Final Acceptance, Design-Builder shall be entitled to submit an Application for Final Payment, which application will include the following information:
(1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Owner might in any way be responsible have been paid or otherwise satisfied and that there are no claims, obligations, or liens outstanding or unsatisfied for labor, services, Equipment and Material, taxes, or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests;
(2) a written notice of any outstanding disputes or claims between Design-Builder and any of its Subcontractors, including the amounts and other details thereof;
(3) a general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims pending in accordance with Article 11;
(4) consent of Design-Builder's surety to final payment;
(5) certificates of insurance confirming that required coverages will remain in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to Owner, consistent with the requirements of the Contract Documents; and
(6) a written statement that Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents.
Application for Final Payment. After issuance of RMWD’s final written acceptance, the Contractor may make application for final payment following the procedure for progress payments. Neither the final payment nor the remaining retained percentage shall become due unless the application for final payment is accompanied by such supporting data as RMWD may require, together with complete and legally effective releases or waivers, satisfactory to RMWD, of all liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by RMWD, the Contractor may furnish receipts or releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which RMWD or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of Surety, if any, to final payment. If any Subcontrac- tor, Sub-subcontractor, or supplier fails or refuses to furnish a release or receipt in full, the Contractor may furnish a Bond satisfactory to RMWD to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor or his surety shall pay to RMWD all moneys RMWD may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.
A. The Contractor must obtain an unconditional waiver and release of claims upon final payment from all suppliers and subcontractors which have filed preliminary notices with RMWD.
B. The Contractor must obtain in writing releases from each owner of real property from which the Contractor has obtained permission to use land. Such release shall state that the land is returned to the property owner in an acceptable condition. Similar releases must be obtained from owners of property disturbed by the Contractor from which the Contractor has not obtained permission to use or enter; except that releases are limited to restoration of land to original lines and grades, restoration of vegetation and removal of waste material.
Application for Final Payment. Within 56 days after receiving the Performance Certificate, the Contractor shall submit, to the Contract Awarder, six copies of a draft final statement with supporting documents showing in detail in a form approved by the Contract Awarder:
(a) the value of all work done in accordance with the Contract, and
(b) any further sums which the Contractor considers to be due to him under the Contract or otherwise If the Contract Awarder disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit such further information as the Contract Awarder may reasonably require and shall make such changes in the draft as may be agreed between them. The Contractor shall then prepare and submit to the Contract Awarder the final statement as agreed. This agreed statement is referred to in these Conditions as the "Final Statement". However if, following discussions between the Parties and any changes to the draft final statement which are agreed, it becomes evident that a dispute exists, the Contract Awarder shall pay the agreed parts of the draft final statement in accordance with Sub-Clause 14.6 [Interim Payments] and Sub-Clause 14.7 [Timing of Payments]. Thereafter, if the dispute is finally resolved under Sub-Clause 20.4 [Obtaining Dispute Adjudication Board's Decision] or Sub-Clause 20.5 [Amicable Settlement], the Contractor shall then prepare and submit to the Contract Awarder a Final Statement.
Application for Final Payment. At such time that the Certificate of Final Completion has been issued, A/E shall promptly review and, if in proper form, approve the Application for Final Payment in accordance with the UGC, any Supplementary General Conditions, any Special Conditions, and the Construction Documents. A/E may not approve an Application for Final Payment unless or until A/E has been provided a Final Payment checklist fully executed by Contractor, all Close-Out Documents have been submitted pursuant to Section 2.2.7.7 above, and the Final TFC Inspection under Tex. Gov’t. Code § 2166.356 has been performed. These items are absolute conditions precedent to the issuance and enforceability of an Application for Final Payment.
Application for Final Payment. 12.4.1.1 Fifteen days prior to the date on which DBT believes that it will meet the conditions of Final Acceptance, DBT shall prepare and submit to KYTC a proposed Application for Final Payment showing the proposed total amount due to DBT as of the date of Final Acceptance, including any amounts owing from Change Orders.
12.4.1.2 The Application for Final Payment shall list all outstanding Notice of Potential Relief Events and Relief Requests, stating the amount at issue associated with each such Notice of Potential Relief Event and Relief Request.
12.4.1.3 The Application for Final Payment shall also be accompanied by:
(a) Information addressing the status of all existing or threatened Claims and stop notices of Subcontractors, Suppliers, laborers, Utility Companies, and/or other third parties against DBT, KYTC or the Project;
(b) Consent of any Guarantors and Surety to the proposed payment schedule;
(c) Such other documentation as KYTC may reasonably require; and
(d) The release described in Section 12.4.3, executed by DBT.
12.4.1.4 Prior applications and payments shall be subject to correction in the Application for Final Payment. Notice of Potential Relief Events and Relief Requests filed
Application for Final Payment. After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as a duly executed copy of the Surety’s consent to Final Payment and such other documentation that may be required by the Contract Documents, including but not limited to:
(1) Receipt of Contractor’s Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to Final Payment.
(4) Receipt of the Final Payment Check list, Exhibit G-1.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G-1.
Application for Final Payment. After the Final Completion is achieved, the Contractor shall submit an Application for Final Payment on such form as approved by the District. The Final Payment shall include the remaining balance of the Construction Contract Price and Retention previously withheld by the District, less offsets and deductions thereto.
Application for Final Payment. 8.4.2 Conditions Precedent to Disbursement of Final Payment.
