Common use of FINAL COMPLETION, FINAL PAYMENT AND RELEASE OF RETENTION Clause in Contracts

FINAL COMPLETION, FINAL PAYMENT AND RELEASE OF RETENTION. ‌ 9.8.1 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 Contracting Officer will promptly make such inspection and, when they find the Work acceptable under the Contract Documents, all items on the Contracting Officer’s Punch List completed to the Contracting Officer’s satisfaction and the Contract Documents fully performed, the Contracting Officer will promptly issue a final Certificate for Payment, which shall set forth their final determination of the actual quantities and measurements of the completed Work, and stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 to Contractor, and noted in said final Certificate of Payment, is due and payable. 9.8.2 Neither the Final Payment nor the retained percentage shall become due until Contractor submits to the Contracting Officer (i) an affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; (ii) consent of surety, if any, to final payment and release of retention; and (iii) final, unconditional general releases and final sworn statements and waivers of claim from Contractor and all Subcontractors, Sub- Subcontractors, laborers and material suppliers in the forms required by the Contracting Officer. Notwithstanding the foregoing, Contractor’s final waiver and unconditional release is not required to be submitted in advance of Final Payment but may be exchanged for Final Payment. Acceptance of the Final Payment by Contractor shall constitute accord and satisfaction of all claims against Owner of whatsoever kind or nature under the Contract Documents.

FINAL COMPLETION, FINAL PAYMENT AND RELEASE OF RETENTION. ‌ 9.8.1 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 Contracting Officer will promptly make such inspection and, when they find he/she finds the Work acceptable under the Contract Documents, all items on the Contracting Officer’s Punch List completed to the Contracting Officer’s satisfaction and the Contract Documents Agreement fully performed, the Contracting Officer will promptly issue a final Certificate for Payment, which shall set forth their his/her final determination of the actual quantities and measurements of the completed Workwork, and stating that to the best of their his/her knowledge, information and belief, and on the basis of their its observations 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 to the Contractor, and noted in said final Certificate of Payment, is due and payable.. R A F T 9.8.2 Neither the Final Payment nor the retained percentage shall become due until the Contractor submits to the Contracting Officer (i1) an affidavit that all payrolls, bills for materials and equipment equipment, and other indebtedness connected with the Work for which Owner GLWA or its property might in any way be responsible, have been paid or otherwise satisfied; (ii2) consent of surety, if any, to final payment and release of retention; and (iii3) final, unconditional general releases and final sworn statements and waivers of claim from Contractor and all Subcontractors, Sub- Subcontractors, laborers and material suppliers in the forms required by the Contracting Officer. Notwithstanding the foregoing, the Contractor’s final waiver and unconditional release is not required to be submitted in advance of Final Payment but may be exchanged for Final Payment. Acceptance of the Final Payment by Contractor shall constitute accord and satisfaction of all claims against Owner of whatsoever kind or nature under the Contract Documents.

FINAL COMPLETION, FINAL PAYMENT AND RELEASE OF RETENTION. ‌ 9.8.1 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 Contracting Officer will promptly make such inspection and, when they find the Work acceptable under the Contract Documents, all items on the Contracting Officer’s Punch List completed to the Contracting Officer’s satisfaction and the Contract Documents fully performed, the Contracting Officer will promptly issue a final Certificate for Payment, which shall set forth their final determination of the actual quantities and measurements of the completed Work, and stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 to Contractor, and noted in said the final Certificate of Payment, is due and payable. 9.8.2 Neither the Final Payment nor the retained percentage shall become due until Contractor submits to the Contracting Officer (i) an affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; (ii) consent of surety, if any, to final payment and release of retention; and (iii) final, unconditional general releases and final sworn statements and waivers of claim from Contractor and all Subcontractors, Sub- Subcontractors, laborers and material suppliers in the forms required by the Contracting Officer. Notwithstanding the foregoing, Contractor’s final waiver and unconditional release is not required to be submitted in advance of Final Payment but may be exchanged for Final Payment. Acceptance of the Final Payment by Contractor shall constitute accord and satisfaction of all claims against Owner of whatsoever kind or nature under the Contract Documents.

FINAL COMPLETION, FINAL PAYMENT AND RELEASE OF RETENTION. ‌ 9.8.1 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 Contracting Officer will promptly make such inspection and, when they find the Work acceptable under the Contract Documents, all items on the Contracting Officer’s Punch List completed to the Contracting Officer’s satisfaction and the Contract Documents fully performed, the Contracting Officer will promptly issue a final Certificate for Payment, which shall set forth their final determination of the actual quantities and measurements of the completed Work, and stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 to Contractor, and noted in said the final Certificate of Payment, is due and payable. Payment of the Incentive shall require a Change Order to reconcile the Contract Price and the amount of the Incentive due, if any. 9.8.2 Neither the Final Payment nor the retained percentage shall become due until Contractor submits to the Contracting Officer (i) an affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; (ii) consent of surety, if any, to final payment and release of retention; and (iii) final, unconditional general releases and final sworn statements and waivers of claim from Contractor and all Subcontractors, Sub- Subcontractors, laborers and material suppliers in the forms required by the Contracting Officer. Notwithstanding the foregoing, Contractor’s final waiver and unconditional release is not required to be submitted in advance of Final Payment but may be exchanged for Final Payment. Acceptance of the Final Payment by Contractor shall constitute accord and satisfaction of all claims against Owner of whatsoever kind or nature under the Contract Documents.