Common use of Determination of Substantial Completion Clause in Contracts

Determination of Substantial Completion. When Design/Builder considers Substantial Completion has been achieved for the Project, the Design/Builder shall notify the Owner in writing and shall furnish to the Owner a listing of those matters yet to be finished. The Owner or its designee will thereupon conduct an inspection to confirm that the work is in fact substantially complete. Upon its confirmation that the Design/Builder’s work is substantially complete, the Owner will so notify the Design/Builder in writing and will therein set forth the date of Substantial Completion. If the Owner, through its inspection, fails to find that the Design/Builder’s work is substantially complete, the Owner shall notify the Design/Builder of such findings, indicating items that cause the Work to be incomplete or unsatisfactory for acceptance. By furnishing a list of incomplete or unsatisfactory items, the Owner does not warrant that the list is a total and complete list of all items necessary to achieve Substantial Completion. Upon completion or correction by the Design-Builder of all items necessary to achieve Substantial Completion, Owner shall repeat all, or any portion, of its Substantial Completion inspection as often as necessary until Substantial Completion is achieved. If Owner is required to perform more than three (3) Substantial Completion inspections, the Design/Builder shall bear the cost of each additional inspection, which cost may be deducted by the Owner from any payment then or thereafter due to the Design/Builder. Owner shall notify Design/Builder, in writing, prior to commencing any inspections for which it may deduct payment to the Design/Builder therefore. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion.

Determination of Substantial Completion. When Design/Builder the Contractor considers Substantial Completion has been achieved for the Project, the Design/Builder Contractor shall notify the Owner Municipality in writing and shall furnish to the Owner Municipality a listing of those matters yet to be finished. The Owner Municipality or its designee will thereupon conduct an inspection to confirm that the work is in fact substantially complete. Upon its confirmation that the Design/BuilderContractor’s work is substantially complete, the Owner Municipality will so notify the Design/Builder Contractor in writing and will therein set forth the date of Substantial Completion. If the OwnerMunicipality, through its inspection, fails to find that the Design/BuilderContractor’s work is substantially complete, the Owner Municipality shall notify the Design/Builder Contractor of such findings, indicating items that cause the Work to be incomplete or unsatisfactory for acceptance. By furnishing a list of incomplete or unsatisfactory items, the Owner Municipality does not warrant that the list is a total and complete list of all items necessary to achieve Substantial Completion. Upon completion or correction by the Design-Builder Contractor of all items necessary to achieve Substantial Completion, Owner the Municipality shall repeat all, or any portion, of its Substantial Completion inspection as often as necessary until Substantial Completion is achieved. If Owner the Municipality is required to perform more than three (3) Substantial Completion inspections, the Design/Builder Contractor shall bear the cost of each additional inspection, which cost may be deducted by the Owner Municipality from any the Fixed Construction Price payment then or thereafter due to the Design/BuilderContractor. Owner The Municipality shall notify Design/BuilderContractor, in writing, prior to commencing any inspections for which it may deduct payment to the Design/Builder Contractor therefore. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion.