Common use of PAYMENT, USE OR OCCUPANCY OF WORK Clause in Contracts

PAYMENT, USE OR OCCUPANCY OF WORK. No progress or final payment, nor any partial or entire use or occupancy of the Work or improvement, nor acceptance thereof, by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of Defective Work or improper Materials or Equipment, either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. A. When the Contractor considers the Work to be substantially complete, the Contractor shall make a written request to the Owner for the issuance of a Certificate of Substantial Completion. The Owner upon receipt of the written request shall make an inspection of the Work and either issue a written Certificate of Substantial Completion or deny the Contractor's request in writing and provide the reasons for such denial. B. In the case of a denial of the issuance of a Certificate of Substantial Completion, the Contractor shall complete the Work so as to address the Owner’s concerns and comply with the Contract Documents and shall again request in writing that the Owner issue a written Certificate of Substantial Completion. The Owner will handle any such subsequent requests as outlined above. C. If the Owner grants the Contractor's request and issues a Certificate of Substantial Completion, the Certificate shall list any remaining items to be completed as "Punch List" items and shall set a date certain by which the Contractor shall correct the items. If the Contractor does not provide a written request with good and sufficient reasons why the Punch List Work cannot be completed by the date established in the Certificate of Substantial Completion within two (2) working Days of the issuance of the Certificate of Substantial Completion, the date shall be as established and the Punch List Work will be completed by that date. The Owner will grant an extension of the Punch List completion date in writing, if warranted. If the Contractor does not complete the items on the Punch List by the fixed date, the Owner, upon seven (7) Days notice, shall have the option to complete any uncompleted or deficient Work for the Contractor and deduct the cost from any amounts due the Contractor and or seek full compensation from the Surety. D. Upon completion of the Punch List items, the Contractor shall make written application to the Owner for inspection of the Work. The Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and Contract Work fully performed, the Owner will promptly advertise the Project for Final Settlement and establish a Final Settlement Date in accordance with CRS 00-00-000 as may be amended. E. The Contractor shall submit a final application for payment upon completion of the Punch List and prior to receiving final payment, the Contractor, if requested by the Owner, shall file with the Owner: 1. A receipt showing payment in full, or 2. A waiver of claim and/or lien, from each Subcontractor, materialman, supplier, manufacturer, and dealer for all labor, Material and Equipment used or furnished by each on the Work and 3. A complete release of all claims and/or liens which may have arisen under the Contract. In lieu thereof, the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which settlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond. F. The Guaranty Period shall not begin until the date of Final Settlement. The Owner will issue a written acceptance for the Guaranty Period setting out the beginning and end dates for the Guaranty Period.

PAYMENT, USE OR OCCUPANCY OF WORK. No progress or final payment, nor any partial or entire use or occupancy of the Work or improvement, nor acceptance thereof, by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of Defective Work or improper Materials or Equipment, either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. A. When the Contractor considers the Work to be substantially complete, the Contractor shall make a written request to the Owner for the issuance of a Certificate of Substantial Completion. The Owner upon receipt of the written request shall make an inspection of the Work and either issue a written Certificate of Substantial Completion or deny the Contractor's request in writing and provide the reasons for such denial. B. In the case of a denial of the issuance of a Certificate of Substantial Completion, the Contractor shall complete the Work so as to address the Owner’s concerns and comply with the Contract Documents and shall again request in writing that the Owner issue a written Certificate of Substantial Completion. The Owner will handle any such subsequent requests as outlined above. C. If the Owner grants the Contractor's request and issues a Certificate of Substantial Completion, the Certificate shall list any remaining items to be completed as "Punch List" items and shall set a date certain by which the Contractor shall correct the items. If the Contractor does not provide a written request with good and sufficient reasons why the Punch List Work cannot be completed by the date established in the Certificate of Substantial Completion within two (2) working Days of the issuance of the Certificate of Substantial Completion, the date shall be as established and the Punch List Work will be completed by that date. The Owner will grant an extension of the Punch List completion date in writing, if warranted. If the Contractor does not complete the items on the Punch List by the fixed date, the Owner, upon seven (7) Days notice, shall have the option to complete any uncompleted or deficient Work for the Contractor and deduct the cost from any amounts due the Contractor and or seek full compensation from the Surety. D. Upon completion of the Punch List items, the Contractor shall make written application to the Owner for inspection of the Work. The Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and Contract Work fully performed, the Owner will promptly advertise the Project for Final Settlement and establish a Final Settlement Date in accordance with CRS 00-00-000 as may be amended. E. The Contractor shall submit a final application for payment upon completion of the Punch List and prior to receiving final payment, the Contractor, if requested by the Owner, shall file with the Owner: 1. A receipt showing payment in full, or 2. A waiver of claim and/or lien, from each Subcontractor, materialman, supplier, manufacturer, and dealer for all labor, Material and Equipment used or furnished by each on the Work and 3. A complete release of all claims and/or liens which may have arisen under the Contract. In lieu thereof, the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which settlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond. F. The Guaranty Period shall not begin until the date of Final Settlement. The Owner will issue a written acceptance for the Guaranty Period setting out the beginning and end dates for the Guaranty Period.

PAYMENT, USE OR OCCUPANCY OF WORK. No progress or final payment, nor any partial or entire use or occupancy of the Work or improvement, nor acceptance thereof, by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of Defective Work or improper Materials or Equipment, either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. A. When the Contractor considers the Work to be substantially complete, the Contractor shall make a written request to the Owner for the issuance of a Certificate of Substantial Completion. The Owner upon receipt of the written request shall make an inspection of the Work and either issue a written Certificate of Substantial Completion or deny the Contractor's request in writing and provide the reasons for such denial. B. In the case of a denial of the issuance of a Certificate of Substantial Completion, the Contractor shall complete the Work so as to address the Owner’s concerns and comply with the Contract Documents and shall again request in writing that the Owner issue a written Certificate of Substantial Completion. The Owner will handle any such subsequent requests as outlined above. C. If the Owner grants the Contractor's request and issues a Certificate of Substantial Completion, the Certificate shall list any remaining items to be completed as "Punch List" items and shall set a date certain by which the Contractor shall correct the items. If the Contractor does not provide a written request with good and sufficient reasons why the Punch List Work cannot be completed by the date established in the Certificate of Substantial Completion within two (2) working Days of the issuance of the Certificate of Substantial Completion, the date shall be as established and the Punch List Work will be completed by that date. The Owner will grant an extension of the Punch List completion date in writing, if warranted. If the Contractor does not complete the items on the Punch List by the fixed date, the Owner, upon seven (7) Days notice, shall have the option to complete any uncompleted or deficient Work for the Contractor and deduct the cost from any amounts due the Contractor and or seek full compensation from the Surety. D. Upon completion of the Punch List items, the Contractor shall make written application to the Owner for inspection of the Work. The Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and Contract Work fully performed, the Owner will promptly advertise the Project for Final Settlement and establish a Final Settlement Date in accordance with CRS 00-00-000 as may be amended. E. The Contractor shall submit a final application for payment upon completion of the Punch List and prior to receiving final payment, the Contractor, if requested by the Owner, shall file with the Owner: 1. A receipt showing payment in full, or 2. A waiver of claim and/or lien, from each Subcontractor, materialman, supplier, manufacturer, and dealer for all labor, Material and Equipment used or furnished by each on the Work and 3. A complete release of all claims and/or liens which may have arisen under the Contract. In lieu thereof, the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which settlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond. F. The Guaranty Period shall not begin until the date of Final Settlement. The Owner will issue a written acceptance for the Guaranty Period setting out the beginning and end dates for the Guaranty Period. G. The Contractor shall be responsible for the maintenance, security, heat, utilities, damages to the Work, and insurance until the date of Final Settlement. In addition, the Contractor shall be responsible for the provision of maintenance, security, heat, utilities, damages to the Work and insurance for the affected portion of the Work during any period in which the Contractor is called upon to perform guaranty Work.

PAYMENT, USE OR OCCUPANCY OF WORK. No progress or final payment, nor any partial or entire use or occupancy of the Work or improvement, nor acceptance thereof, by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of Defective Work or improper Materials or Equipment, either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. A. When the Contractor considers the Work to be substantially complete, the Contractor shall make a written request to the Owner for the issuance of a Certificate of Substantial Completion. The Owner upon receipt of the written request shall make an inspection of the Work and either issue a written Certificate of Substantial Completion or deny the Contractor's request in writing and provide the reasons for such denial. B. In the case of a denial of the issuance of a Certificate of Substantial Completion, the Contractor shall complete the Work so as to address the Owner’s concerns and comply with the Contract Documents and shall again request in writing that the Owner issue a written Certificate of Substantial Completion. The Owner will handle any such subsequent requests as outlined above. C. If the Owner grants the Contractor's request and issues a Certificate of Substantial Completion, the Certificate shall list any remaining items to be completed as "Punch List" items and shall set a date certain by which the Contractor shall correct the items. If the Contractor does not provide a written request with good and sufficient reasons why the Punch List Work cannot be completed by the date established in the Certificate of Substantial Completion within two (2) working Days of the issuance of the Certificate of Substantial Completion, the date shall be as established and the Punch List Work will be completed by that date. The Owner will grant an extension of the Punch List completion date in writing, if warranted. If the Contractor does not complete the items on the Punch List by the fixed date, the Owner, upon seven (7) Days notice, shall have the option to complete any uncompleted or deficient Work for the Contractor and deduct the cost from any amounts due the Contractor and or seek full compensation from the Surety. D. Upon completion of the Punch List items, the Contractor shall make written application to the Owner for inspection of the Work. The Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and Contract Work fully performed, the Owner will promptly advertise the Project for Final Settlement and establish a Final Settlement Date in accordance with CRS 00-00-000 as may be amended. E. . The Contractor shall submit a final application for payment upon completion of the Punch List and prior to receiving final payment, the Contractor, if requested by the Owner, shall file with the Owner: 1. : A receipt showing payment in full, or 2. or A waiver of claim and/or lien, from each Subcontractor, materialman, supplier, manufacturer, and dealer for all labor, Material and Equipment used or furnished by each on the Work and 3. and A complete release of all claims and/or liens which may have arisen under the Contract. In lieu thereof, the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which settlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond. F. The Guaranty Period shall not begin until the date of Final Settlement. The Owner will issue a written acceptance for the Guaranty Period setting out the beginning and end dates for the Guaranty Period.