Common use of Punchlist for Substantial Completion Clause in Contracts

Punchlist for Substantial Completion. After Mechanical Completion of the Facility and prior to Substantial Completion, Owner and Contractor shall inspect the entire Work, and Contractor shall prepare an updated and revised proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed, updated and revised Punchlist to Owner for its review and written approval, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed, updated and revised Punchlist any Punchlist items that are identified by Owner during its review, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed, updated and revised Punchlist or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected to achieve Substantial Completion. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist (such approval not to be unreasonably withheld), such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed within ninety (90) Days after achievement of Substantial Completion, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall immediately pay Owner (directly or by offset, at Owner’s sole discretion) all costs and expenses incurred in performing such Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs incurred to perform such Punchlist Work.

Punchlist for Substantial Completion. After Mechanical Completion of the Facility and prior to Substantial Completion, Owner and Contractor shall inspect the entire Work, and Contractor shall prepare an updated and revised proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed, updated and revised Punchlist to Owner for its review and written approval, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed, updated and revised Punchlist any Punchlist items that are identified by Owner during its review, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed, updated and revised Punchlist or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected to achieve Substantial Completion. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist (such approval not to be unreasonably withheld)Punchlist, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items; provided, however, Contractor shall add to the Punchlist any items up of a Punchlist nature that are discovered by Owner or Contractor prior to Final CompletionCompletion of the Project, and further provided that the failure to include any items on the Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the terms and provisions of this Agreement. All Work on the Punchlist shall be completed within ninety (90) Days after achievement of Substantial Completionby the Guaranteed Final Completion Date, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work Work, which shall be charged against the GMP until the GMP is reached, and thereafter such costs shall be at the expense of Contractor. In If Owner incurs any costs for the event Owner elects to complete completion of such Punchlist WorkWork in excess of the GMP, Contractor shall immediately pay Owner (directly directly, by offset, or by offsetcollection on the Letter of Credit, at Owner’s sole discretion) ), all reasonable costs and expenses incurred by Owner in excess of the GMP in performing such Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs incurred and expenses to perform complete such Punchlist Work.

Punchlist for Substantial Completion. After Mechanical Completion Upon completion of the Facility Performance Tests and prior to Substantial Completion, Owner and Contractor shall inspect the entire Work, and Contractor shall prepare an updated and revised proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposedproposed updated, updated and revised Punchlist to Owner for its review and written approvalreview, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed, updated and revised Punchlist any Punchlist items that are identified by Owner during its reviewwithin ten (10) Days after Owner’s receipt of the proposed revised Punchlist from Contractor, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed, updated and revised Punchlist (including those items identified by Owner during Owner’s review) that are not of a Punchlist nature. Notwithstanding anything to the contrary in this Agreement, Contractor and Owner are not required as a condition of Substantial Completion to agree upon and identify every Punchlist item and include it on the Punchlist, but Contractor is required to complete as a condition of Substantial Completion all Work that does not meet the definition of Punchlist as provided in Section 1.1. In the event of a dispute regarding whether a specific item of Work meets the definition of Punchlist under Section 1.1, the Parties shall resolve such dispute in accordance with Section 18.1A. Owner shall provide Contractor with access to the Facility after Substantial Completion sufficient to enable Contractor to complete all Punchlist items, so long as such access does not unreasonably interfere with operation of the Facility and subject to any reasonable security or otherwise that Owner in the exercise safety requirements of its reasonable judgment, believes must be completed or corrected to achieve Substantial CompletionOwner. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist (such approval not to be unreasonably withheld)Completion, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed within ninety (90) Days after achievement of Substantial by the date required for Final Completion, as specified in Section 5.3B, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall immediately pay Owner, within ten (10) Days after receipt of written notice from Owner, all reasonable costs and expenses incurred by Owner (directly or by offsetin performing such Punchlist Work, or, at Owner’s sole discretion) all , Owner may withhold or offset amounts owed to Contractor or collect on the Letter of Credit in accordance with Section 7.8 in the amount of such costs and expenses incurred in performing such expenses. Any Defective Work identified after agreement between the Parties of the Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs incurred to perform such Punchlist Workbe corrected by Contractor as a Warranty item under Article 12.

Punchlist for Substantial Completion. After Mechanical Prior to Substantial Completion of the Facility and prior to Substantial Completiona Train, Owner and Contractor shall inspect the entire WorkWork related to such Train, and Contractor shall prepare an updated and revised a proposed a list of Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed, updated and revised proposed Punchlist to Owner for its review and written approval, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed, updated and revised proposed Punchlist any Punchlist items that are identified by Owner during its review, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any Punchlist item on Contractor’s proposed, updated and revised Punchlist proposed list or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected for such Train to achieve Substantial Completion. Owner shall provide its review, modifications and approval to Contractor within seven (7) Days after Owner’s receipt of the proposed Punchlist from Contractor. Upon Contractor’s completion or correction of any items Punchlist item necessary to achieve Substantial Completion of such Train and Owner’s written approval of Contractor’s proposed Punchlist (such approval not to be unreasonably withheld)Punchlist, as modified by any Owner additions as set forth above in this Section 11.5B, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work ; 105 provided, however, if any items of a Punchlist nature are discovered by Owner or Contractor prior to Final Completion, such items shall be corrected in accordance with Section 12.3B and further provided that the failure to include any items on the Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the terms and provisions of this Agreement. Once Substantial Completion of the applicable Train has occurred, Owner shall provide reasonable access on the Site sufficient for Contractor to perform its Punchlist Work so long as such activities do not unreasonably interfere with the operation of such Train and any other Train that has achieved Substantial Completion and subject to Owner’s permit to work system. The Punchlist shall be completed within ninety (90) Days after achievement of Substantial Completionby the Final Completion Date, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist WorkPunchlist, Contractor shall immediately pay Owner (directly directly, by offset, or by offsetcollection on the Letter of Credit, at Owner’s sole discretion) all costs and expenses incurred in performing such Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs incurred to perform such Punchlist WorkPunchlist.