Common use of Final Completion Delayed Clause in Contracts

Final Completion Delayed. A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Final Completion Delayed. A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER ARCHITECT so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of ENGINEERARCHITECT, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER the Owner’s Representative with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Final Completion Delayed. A. If, through no fault of CONTRACTORContractor, final completion of the Work is significantly delayed, and if ENGINEER Project Administrator so confirms, OWNER Owner shall, upon receipt of CONTRACTORContractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of ENGINEERProject Administrator, and without terminating the AgreementContract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds bonds have been furnished as required in paragraph Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR Contractor to ENGINEER Project Administrator with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Final Completion Delayed. A. If, through no fault of CONTRACTORContractor, final completion of the Work is significantly delayed, and if ENGINEER Engineer so confirms, OWNER Owner shall, upon receipt of CONTRACTORContractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of ENGINEEREngineer, and without terminating the AgreementContract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds bonds have been furnished as required in paragraph Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR Contractor to ENGINEER Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Final Completion Delayed. A. If, through no fault of CONTRACTORConstruction Manager, final completion of the Work is significantly delayed, and if ENGINEER Architect so confirms, OWNER Owner shall, upon receipt of CONTRACTORConstruction Manager’s final Application for Payment (for Work fully completed and accepted) and recommendation of ENGINEERArchitect, and without terminating the AgreementContract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds bonds have been furnished as required in paragraph Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR Construction Manager to ENGINEER Architect with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.