Common use of Conditions Precedent to Final Payment Clause in Contracts

Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risk; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals and shop drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (electronic and hard copies); k) As-Builts (electronic copies, hard copies and BIM Model); l) Any required Owner training provided by CM@Risk; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional; o) Commissioning completed and reports received; p) All keys have been returned; and q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.

Appears in 4 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

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Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risk; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (electronic and hard copies); k) As-Builts (electronic copies, hard copies and BIM Model); l) Any required Owner training provided by CM@Risk; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional; o) Commissioning completed and reports received; p) All keys have been returned; and q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.

Appears in 2 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement (Cm@risk)

Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor (FS #99); b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final PaymentPayment (FS #87); d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the WorkWork (FS #84); e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract DocumentsDocuments (FS #89); f) All Project warranty documents, including special manufacturers warrantieswarranties (FS #80); g) Final Subcontractor ListList (FS #82); h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy); i) Schedule of Required MaintenanceMaintenance (FS #88); j) Operation and Maintenance Manuals (1 electronic copy and 3 hard copies); k) As-Builts (1 electronic copy and 3 hard copies, hard copies and BIM Model); l) Any required Owner training provided by CM@RiskContractor; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional, if applicable; on) Commissioning completed and reports received, if applicable; po) All NAU keys have been returned, and the key return form (FS #10) has been signed by NAU Building Access Services and submitted to the NAU Project Manager; and qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.

Appears in 2 contracts

Samples: Job Order Contract, Job Order Contract

Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (one (1) electronic and hard copiescopy); k) As-Builts (one (1) electronic copies, hard copies and BIM Modelcopy); l) Any required Owner training provided by CM@RiskContractor; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional, if applicable; on) Commissioning completed and reports received, if applicable; po) All ASU keys have been returned, and the key return form has been signed by ASU Building Access Services and submitted to the ASU Project Manager; and qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.

Appears in 2 contracts

Samples: Standard Form Agreement, Job Order Contract

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Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk Contractor submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (electronic and hard copies); k) As-Builts (electronic copies, hard copies and BIM Modelhard copies); l) Any required Owner training provided by CM@RiskContractor; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional; on) Commissioning completed and reports received; po) All keys have been returned; p) Building Permit Completion/Certificate of Occupancy (if applicable); and q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.

Appears in 2 contracts

Samples: Construction Services Agreement, Construction Services Agreement

Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (one (1) electronic copy and three (3) hard copies); k) As-Builts (one (1) electronic copy and three (3) hard copies, hard copies and BIM Model); l) Any required Owner training provided by CM@RiskContractor; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional, if applicable; on) Commissioning completed and reports received, if applicable; po) All ASU keys have been returned, and the key return form has been signed by ASU Building Access Services and submitted to the ASU Project Manager; and qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.

Appears in 1 contract

Samples: Job Order Contract

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