FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. 14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Contractor, Construction Contract
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Manager will promptly make such inspection and, when the Architect Manager finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect Manager will promptly issue a final Certificate for Payment stating that to the best of the ArchitectManager's knowledge, information and belief, and on the basis of the ArchitectManager's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The ArchitectManager's final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Owner and Contractor Agreement
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 13.8.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 13.8.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 13.8.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this the Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 § 13.8.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Master Agreement
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Manager will promptly make such inspection and, when the Architect Manager finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect Manager will promptly issue a final Certificate for Payment stating that to the best of the ArchitectManager's knowledge, information and belief, and on the basis of the ArchitectManager's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The ArchitectManager's final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.a
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Owner and Contractor Agreement
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 15.7.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 15.7.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner and NASA, against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's =s knowledge, information and belief, and on the basis of the Architect's =s on-site visits and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.are
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 12.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 12.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 12.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;:
Appears in 1 contract
Samples: Cost Plus Contract
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Manager will promptly make such inspection and, when the Architect Manager finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect Manager will promptly issue a final Certificate for Payment stating that to the best of the Architect's Manager’s knowledge, information and belief, and on the basis of the Architect's Manager’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's Manager’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Owner and Contractor Agreement
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 15.7.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 15.7.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 § 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 9.10.1 Upon receipt of written notice that the Work (or applicable Segment of the Work) is ready for final inspection and acceptance acceptance, and upon receipt of a final Final Application for Payment, the Architect and Owner will promptly make such inspection and, when inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment notify the Owner in writing, stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits observations and inspections, the Work has been fully and finally completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found Final Payment to be due the Contractor and noted in the final Certificate is due and payable.
9.10.2 [Intentionally omitted]
9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting Final Completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Agreement, make payment of the balance due for that Segment of the Work fully completed and accepted. The Architect's final Certificate If the remaining balance for Payment will Work not fully completed or corrected is less than the retention stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that Segment of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing Final Payment, except that it shall not constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release waiver of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lienClaims. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.
14.5.3 The making of final payment Final Payment shall constitute a waiver of claims Claims by the Owner except those arising from: .1 liensonly as provided in Subparagraph 4.3.5, claims, security interests or encumbrances arising out of the Contract and unsettled;above.
Appears in 1 contract
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 10.8.1 Upon receipt of written notice notification from the Construction Manager that the Work is complete and ready for final inspection and acceptance and upon receipt of a final Application for Paymentacceptance, the Architect will Owner, with the assistance of its Design Professional shall promptly make such conduct an inspection and, when the Architect finds to determine if the Work has been completed and is acceptable under the Contract Documents and the Contract fully performedDocuments.
10.8.2 When Final Completion has been achieved, the Architect will promptly issue Construction Manager shall prepare for the Owner's written acceptance a final Certificate application for Payment payment stating that to the best of the ArchitectConstruction Manager's knowledge, information and belief, and based on the basis of the ArchitectOwner's on-site visits and inspections, the Work has been completed reached Final Completion in accordance with terms the Contract Documents.
10.8.3 When the Work is found acceptable under the Contract Documents, the Owner will promptly issue a Certificate of Final Completion. Such notice will establish the date of Final Completion upon which the Contract is accepted as complete and conditions upon which all remaining guarantees and warranties under the Contract shall commence.
10.8.4 The date of Final Completion shall also establish the commencement of the Contract Documents thirty-day period during which final payment of the balance due under the contract must be retained by the Owner under the provisions of Chapter 573, Code of Iowa and that per the entire balance found to be due the Contractor and noted in the final Certificate is due and payableprovisions of this Agreement. The Architect's final Certificate for Payment will constitute a further representation that conditions stated Owner shall release retained funds in Subparagraph 14.5.2 as precedent accordance with the provisions of Chapters 262 and 573, Code of Iowa, and per the provisions of this Agreement. Final Completion is contingent upon submission of the following to the Contractor's being entitled to final payment have been fulfilledOwner:
(a) as-built drawings, manuals, warranties and all other close-out documents required by the Contract Documents;
(b) consent of any surety;
(c) any outstanding known and unreported accidents or injuries experiences by the Construction Manager or its Subcontractors at the Worksite
(d) Targeted Small Business Final Payment Reporting Form(s).
14.5.2 Final payment shall 10.8.5 Claims not become due until the Contractor has delivered to reserved in writing by the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to with the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.
14.5.3 The making of final payment shall constitute a waiver of be waived except for claims by the Owner except those arising from: .1 liensrelating to liens or similar encumbrances, claimswarranties, security interests or encumbrances arising out of the Contract Defective Work, and unsettled;latent defects.
Appears in 1 contract
Samples: Construction Manager Agreement
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 15.7.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 15.7.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all claims and liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a claim or lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such claim or lien. If such claim or lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such claim or lien, including costs and reasonable attorneys' ’ fees.
14.5.3 § 15.7.3 The making of final payment shall not constitute a waiver of claims by the Owner.
§ 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or supplier shall constitute a waiver of claims by the Owner that payee except those arising from: .1 liens, claims, security interests or encumbrances arising out previously made in writing and identified by that payee as unsettled in writing at the time of the Contract and unsettled;final Application for Payment.
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: :
.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Construction Contract (Omtool LTD)
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 15.7.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Owner will promptly make such inspection and, when inspection. When the Architect Owner finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect Owner will promptly issue a final Certificate for Payment stating that to the best of the Architect's Owner’s knowledge, information and belief, and on the basis of the Architect's Owner’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's Owner’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 15.7.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 § 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 § 15.7.1 Upon receipt of written the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Architect, and the Manager (if Manager desires) will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's ’s knowledge, information and belief, and on the basis of the Architect's ’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's ’s final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 Section 15.7.2 as precedent to the Contractor's ’s being entitled to final payment have been fulfilled.
14.5.2 § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner Manager a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. Manager to indemnify the Manager against such lien and all other items required by Section 4.
2.1. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner Manager all money that the Owner Manager may be compelled to pay in discharging such lien, including costs and reasonable attorneys' ’ fees.
14.5.3 § 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner Manager except those arising from: .1 liensfrom .4 audits performed by the Owner, claimsManager, security interests or encumbrances arising out if permitted by the Contract Docume settled;
§ 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor Subcontractor, vend constitute a waiver of claims by that payee except those previously made unsettled at the time of the Contract and unsettled;final Application for Payment.
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
FINAL COMPLETION AND FINAL PAYMENT. 14.5.1 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 as precedent to the Contractor's being entitled to final
9.10.2 Neither final payment have been fulfilled.
14.5.2 Final payment nor any remaining retained percentage shall not become due until the Contractor has delivered submits to the Architect
(1) 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 Owner) have been paid or otherwise satisfied, (2) a complete release 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 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of all liens no substantial reason that the insurance will not be renewable to cover 45 the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), 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 this Contract the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or receipts in full covering all laborwaiver required by the Owner, materials and equipment for which a lien could be filed, or the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall 50 refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
Appears in 1 contract
Samples: General Conditions of the Contract for Construction