Common use of Partial Utilization Clause in Contracts

Partial Utilization. A. Use by OWNER at OWNER’s option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option the CITY of any substantially completed finished part of the Work work which has specifically been identified in the Contract Documents, Documents or which OWNER, ENGINEER, the PROJECT MANAGER and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work work that can be used by OWNER for its intended purpose the CITY without significant interference with CONTRACTOR’s 'S performance of the remainder of the Workwork, may be accomplished prior to Substantial Completion of all the Work work subject to the following conditions.following: 1. OWNER A. The PROJECT MANAGER at any time may request CON- TRACTOR the CONTRACTOR in writing to permit OWNER the CITY to use any such part of the Work work which OWNER the PROJECT MANAGER believes to be ready for its intended use and substantially complete. If the CONTRACTOR agrees that such part of agrees, the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER the PROJECT MANAGER that such said part of the Work work is substantially complete and request ENGINEER the CONSULTANT to issue a certificate Certificate of Substantial Completion for that part of the Workwork. CONTRACTOR The CONTRACTOR, at any time time, may notify OWNER and ENGINEER the PROJECT MANAGER in writing that the CONTRACTOR considers any such part of the Work work ready for its intended use and substantially complete and request ENGINEER the PROJECT MANAGER to issue a certificate Certificate of Substantial Completion for that the part of the Workwork. Within a reasonable time after either such request, OWNER, CONTRACTOR, the CONTRACTOR and ENGINEER the PROJECT MANAGER shall make an inspection of that part of the Work work to determine its status of completion. If ENGINEER the PROJECT MANAGER does not consider that part of the Work work to be substantially complete, ENGINEER the PROJECT MANAGER will notify OWNER and the CONTRACTOR in writing giving the reasons there- fortherefor. If ENGINEER the PROJECT MANAGER considers that part of the Work work to be substantially complete, the provisions of para- graph 14.04 Article 16.1 will apply with respect to certification Certificate of Substantial Completion of that part of the Work work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNEROwner, ENGINEEREngineer, and CONTRACTOR Contractor agree constitutes a separately functioning and usable part of the Work that can be used by OWNER Owner for its intended purpose without significant interference with CONTRACTORContractor’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.: 1. OWNER Owner at any time may request CON- TRACTOR Contractor in writing to permit OWNER Owner to use or occupy any such part of the Work which OWNER Owner believes to be ready for its intended use and substantially complete. If CONTRACTOR and when Contractor agrees that such part of the Work is substantially complete, CONTRACTOR Contractor, Owner, and Engineer will certify to OWNER and ENGINEER that such part follow the procedures of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion Paragraph 14.04.A through D for that part of the Work. 2. CONTRACTOR Contractor at any time may notify OWNER Owner and ENGINEER Engineer in writing that CONTRACTOR Contractor considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Engineer does not consider that part of the Work to be substantially complete, ENGINEER Engineer will notify OWNER Owner and CONTRACTOR Contractor in writing giving the reasons there- fortherefor. If ENGINEER Engineer considers that part of the Work to be substantially complete, the provisions of para- graph Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 24. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph Paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work Construction which (i) has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, (ii) Owner and CONTRACTOR DB Entity agree constitutes constitute a separately functioning and usable part of the Work Construction that can be used by OWNER Owner for its intended purpose without significant interference with CONTRACTOR’s DB Entity's performance of the remainder of the WorkConstruction, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.following: 1. OWNER Owner at any time may request CON- TRACTOR DB Entity in writing to permit OWNER Owner to use or occupy any such part of the Work Construction which OWNER Owner believes to be ready for its intended use and substantially complete. If CONTRACTOR DB Entity agrees that such part of the Work is substantially complete, CONTRACTOR DB Entity and Owner will certify to OWNER and ENGINEER that such part follow the procedures of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion Paragraph 13.05 for that part of the WorkConstruction. 2. CONTRACTOR DB Entity at any time may notify OWNER and ENGINEER Owner in writing that CONTRACTOR DB Entity considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER Owner to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, OWNER, CONTRACTOR, Owner and ENGINEER DB Entity shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Owner does not consider that part of the Work to be substantially complete, ENGINEER Owner will notify OWNER and CONTRACTOR DB Entity in writing giving the reasons there- fortherefor. If ENGINEER Owner considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 Paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 24. No use or occupancy or separate operation of part of the Work may occur Construction will be accomplished prior to compliance with the requirements of paragraph Paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNEROwner, ENGINEERProject Administrator, and CONTRACTOR Contractor agree constitutes a separately functioning and usable part of the Work that can be used by OWNER Owner for its intended purpose without significant interference with CONTRACTORContractor’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER Owner at any time may request CON- TRACTOR Contractor in writing to permit OWNER Owner to use or occupy any such part of the Work which OWNER Owner believes to be ready for its intended use and substantially complete. If CONTRACTOR and when Contractor agrees that such part of the Work is substantially complete, CONTRACTOR Contractor will certify to OWNER Owner and ENGINEER Project Administrator that such part of the Work is substantially complete and request ENGINEER Project Administrator to issue a certificate of Substantial Completion for that part of the Work. 2. CONTRACTOR Contractor at any time may notify OWNER Owner and ENGINEER Project Administrator in writing that CONTRACTOR Contractor considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER Project Administrator to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, OWNEROwner, CONTRACTORContractor, Design Professional, Commissioning Authority, and ENGINEER Project Administrator shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Project Administrator does not consider that part of the Work to be substantially completecom- plete, ENGINEER Project Administrator will notify OWNER Owner and CONTRACTOR Contractor in writing giving the reasons there- fortherefor. If ENGINEER Project Administrator considers that part of the Work to be substantially complete, the provisions of para- graph Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 24. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph Paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNEROwner, ENGINEERArchitect, and CONTRACTOR Construction Manager agree constitutes a separately functioning and usable part of the Work that can be used by OWNER Owner for its intended purpose without significant interference with CONTRACTORConstruction Manager’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.: 1. OWNER Owner at any time may request CON- TRACTOR Construction Manager in writing to permit OWNER Owner to use or occupy any such part of the Work which OWNER Owner believes to be ready for its intended use and substantially complete. If CONTRACTOR and when Construction Manager agrees that such part of the Work is substantially complete, CONTRACTOR Construction Manager, Owner, and Architect will certify to OWNER and ENGINEER that such part follow the procedures of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for Paragraph 14.04.for that part of the Work. CONTRACTOR SAMPLE 2. With Owner’s approval, Construction Manager at any time may notify OWNER Owner and ENGINEER Architect in writing that CONTRACTOR Construction Manager considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER Architect to issue a certificate of Substantial Completion for that part of the Work. However, in no event shall Owner or Architect be obligated to deem a portion of the Work substantially complete or otherwise partially accept the Work. Owner may seek partial occupancy or use whether or not the portion is substantially complete, provided the Owner and Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Contract Documents. 3. Within a reasonable time after either such request, OWNEROwner, CONTRACTORConstruction Manager, and ENGINEER Architect shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Architect does not consider that part of the Work to be substantially complete, ENGINEER Architect will notify OWNER Owner and CONTRACTOR Construction Manager in writing giving the reasons there- fortherefor. If ENGINEER Architect considers that part of the Work to be substantially complete, the provisions of para- graph Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 24. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph Paragraph 5.10 regarding property insurance.

Partial Utilization. A. Use by OWNER at OWNER’s option Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work Construction which (i) has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, (ii) Owner and CONTRACTOR Design/Builder agree constitutes constitute a separately functioning and usable part of the Work Construction that can be used by OWNER Owner for its intended purpose without significant interference with CONTRACTORDesign/ Builder’s performance of the remainder of the WorkConstruction, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.following: 1. OWNER Owner at any time may request CON- TRACTOR Design/Builder in writing to permit OWNER Owner to use or occupy any such part of the Work Construction which OWNER Owner believes to be ready for its intended use and substantially complete. If CONTRACTOR Design/Builder agrees that such part of the Work is substantially complete, CONTRACTOR Design/Builder will certify to OWNER and ENGINEER Owner that such part of the Work Construction is substantially complete and request ENGINEER Owner to issue a certificate of Substantial Completion for that part of the WorkConstruction. CONTRACTOR Design/Builder at any time may notify OWNER and ENGINEER Owner in writing that CONTRACTOR Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, Owner and ENGINEER Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Owner does not consider that part of the Work to be substantially complete, ENGINEER Owner will notify OWNER and CONTRACTOR Design/Builder in writing giving the reasons there- fortherefore. If ENGINEER Owner considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No use or occupancy or separate operation of part of the Work may occur Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance.