Right Of Early Occupancy. Failure to furnish the required completion schedule shall constitute a substantial reason for withholding the issuance of any Notice of Substantial Completion.
Right Of Early Occupancy. 16.1 Subject to the provisions of paragraph 11.4.2, the Principal Representative shall have the right to take possession of and to use any completed or partially completed portions of the Work, even if the time for Completion of the Work or such portions of the Work has not expired and even if the Work has not been finally accepted. Such possession and use shall not constitute an acceptance of such portions of the Work.
16.2 If the Principal Representative elects to take possession of and to use any completed or partially completed portions of the Work prior to the time for Completion of the Work or portion thereof, prior to any such possession or use, an inspection shall be made by the Architect/Engineer, the Principal Representative and the Construction Manager. The Construction Manager shall assist the Principal Representative in completing and executing Form SBP-01, Approval Of Occupancy/Use, prior to the Principal Representative’s possession and use. Any and all areas so occupied will be subject to a final inspection when the Construction Manager complies with Article 17, Completion, Final Completion, Acceptance And Final Payment.
16.3 At the time of the inspection made pursuant to paragraph 16.2, the parties shall also agree upon the responsibilities of the Principal Representative and the Construction Manager for security, maintenance, heat, utilities, and damage to the Work. If the Construction Manager can also satisfactorily demonstrate to the Principal Representative any actual cost for warranties for the period prior to the date of Notice of Substantial Completion, the Principal Representative shall reimburse the Construction Manager for that portion of such cost attributable to the portion of the Work occupied by the Principal Representative for the period of time of such occupancy. In the event the Construction Manager believes there will be additional cost associated with completion of the Work while the Principal Representative occupies the Work in whole or in part, the Construction Manager shall advise the Principal Representative of all such costs at or before the time of inspection and an agreement shall be reached on the responsibilities of the Principal Representative and the Construction Manager therefore. If the Construction Manager fails or refuses to furnish such cost information as required, the Construction Manager hereby waives any and all rights to assert any claim therefore at any time thereafter.
Right Of Early Occupancy. ARTICLE 17.
Right Of Early Occupancy. 16.2.1. The City shall have the right to take possession of and to use any completed or partially completed portions of the Work, even if the time for Completion of the Work or such portions of the Work has not expired and even if the Work has not been finally accepted. Such possession and use shall not constitute an acceptance of such portions of the Work.
16.2.2. If the City elects to take possession of and to use any completed or partially completed portions of the Work prior to the time for Completion of the Work or portion thereof, prior to any such possession or use, an inspection shall be made by the City, the Architect and the CM/GC. Any and all areas so occupied will be subject to a final inspection when the CM/GC complies with Section 16. 1.
16.2.3. At the time of the inspection made pursuant to paragraph 16.2.2., the parties shall also agree upon the responsibilities of the City and the CM/GC for security, maintenance, heat, utilities, property insurance premium, and damage to the Work. If the CM/GC can also satisfactorily demonstrate to the City any actual cost for warranties for the period prior to the date of Notice of Acceptance, the City shall reimburse the CM/GC for that portion of such cost attributable to the portion of the Work occupied by the City for the period of time of such occupancy. In the event the CM/GC believes there will be an additional cost associated with completion of the Work while the City occupies the Work in whole or in part, the CM/GC shall advise the City of all such cost at or before the time of the inspection and an agreement shall be reached on the responsibilities of the City and the CM/GC therefor. If the CM/GC fails or refuses to furnish such cost information as required, the CM/GC hereby waives any and all rights to assert any Claim therefor at any time thereafter.
Right Of Early Occupancy. 66
16.1 RIGHT OF OCCUPANCY……………………………………………………………. 66 16.1.1 Possession of Completed Portions of Work……………………………… 66 16.1.2 Inspections…………………………………………………………………... 67 16.1.3 Responsibilities……………………………………………………………... 67
