Common use of SUBSTANTIAL COMPLETION AND FINAL PAYMENT Clause in Contracts

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On the Date of Substantial Completion, the Contractor shall prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract Documents. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and binding.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On At such time as the Date Work, in its entirety, achieves Substantial Completion as provided in Paragraphs 5.2 and 5.3 of Substantial Completionthe Agreement, the Contractor shall prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxxbill, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" the foregoing list shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract Documents. When the Owner, on the basis of an inspectioninspection and certification from the Architect/Engineer, confirms the notification from the Contractor that the Work is Substantially Completed Work, in its entirety, has achieved Substantial Completion or, without being notified by the Contractor, determines that the Work is Substantially Completedhas achieved Substantial Completion, the Owner Architect/Engineer shall prepare and deliver to the Owner and Contractor for their written acceptance a Certificate of Substantial Completion (herein so called) on Form AIA G704 or such other form acceptable to Owner, which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction correction, as applicable, and fix the a reasonable time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. Warranties required by the Contract Documents shall commence on the Turnover Date of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims costs or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, Orders and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty sixty (3060) calendar days of delivery to the Contractor of the Certificate of Substantial Completion, except for Change Order(s) or written claims in the possession of Owner which are still pending approval or in dispute. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including including, without limitation limitation, the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "any “punch-list" ” items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to Owner within thirty (30) days of written demand thereof. Within a reasonable time following Owner’s receipt of written notification from Contractor that the Owner. The Owner's decision Work, in its entirety, is ready for final inspection and acceptance and the final Application for Payment, Owner shall make such inspection and, when the Work is found to be acceptable under the Contract Documents and the Contract fully performed, shall approve the final Application for Payment; provided, however, that neither the final payment nor any retainage shall become due until Contractor submits to Owner all of the following documentation in form and substance acceptable to Owner and all of the following events have occurred: Contractor’s Final Affidavit in conformity with Florida Statutes, Section 713.06 (3)(d); satisfactory evidence to Owner that all claims of lien or notice of non-payment or claims related thereto have either been paid in full and released or Contractor shall have posted a valid surety bond sufficient to discharge same; such other data as Owner may require establishing payment or satisfaction of all obligations of Contractor in connection with the Work (including, without limitation, receipts and final releases and waivers of liens/bond claims by Contractor, Subcontractors and Sub-subcontractors conforming in all material respects with the then current provisions of Chapter 713 of the Florida Statutes, as amended from time to time, and evidencing performance of the Date Work in accordance with the Contract Documents); consent of Substantial Completion shall be sureties, if any, to final and binding.payment;

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On 9.4.1. At such time as the Date of Substantial CompletionWork is Substantially Completed, the Contractor shall so notify the Owner and prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract DocumentsAGREEMENT. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner it shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the WorkCompletion. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract DocumentsAGREEMENT. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs cost thereof against any amounts amount then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and binding.