Common use of USE OF COMPLETED PORTIONS OF WORK Clause in Contracts

USE OF COMPLETED PORTIONS OF WORK. The OWNER may, after written notice to the CONTRACTOR, and without incurring any liability for increased compensation to the CONTRACTOR, take over and use any completed portion of the Work prior to the final completion and acceptance of the entire work included in the Contract, and notwithstanding that the time allowed for final completion has not expired. The OWNER and CONTRACTOR agree that occupancy of portions of the Work by the OWNER shall not in any way evidence the substantial completion of the entire work or signify the OWNER’s acceptance of the Work. The CONTRACTOR shall not object to, nor interfere in any way with, such occupancy or use after receipt of the OWNER’S written notice. Immediately prior to such occupancy and use, the OWNER shall inspect such portion of the Work to be taken over and shall furnish the CONTRACTOR a written statement of the work, if any, still to be done on such part. The CONTRACTOR shall promptly thereafter complete such unfinished work to permit occupancy and use on the date specified in the OWNER’S written order, unless the OWNER shall permit specific items of work to be finished after the occupancy and use by the OWNER. In the event the CONTRACTOR is unreasonably delayed by the OWNER exercising its rights under this section, the CONTRACTOR may submit a request for an extension of time; CONTRACTOR’S sole remedy for an unreasonable delay shall be an extention of time and shall not be entitled to any additional compensation.

Appears in 8 contracts

Samples: 005213 Construction Agreement, Construction Agreement, Construction Agreement

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USE OF COMPLETED PORTIONS OF WORK. The OWNER may, after written notice to the CONTRACTOR, and without incurring any liability for increased compensation to the CONTRACTOR, take over and use any completed portion of the Work prior to the final completion and acceptance of the entire work included in the Contract, and notwithstanding that the time allowed for final completion has not expired. The OWNER and CONTRACTOR agree that occupancy of portions of the Work by the OWNER shall not in any way evidence the substantial completion of the entire work or signify the OWNER’s acceptance of the Work. The CONTRACTOR shall not object to, nor interfere in any way with, such occupancy or use after receipt of the OWNER’S written notice. Immediately prior to such occupancy and use, the OWNER shall inspect such portion of the Work to be taken over and shall furnish the CONTRACTOR a written statement of the work, if any, still to be done on such part. The CONTRACTOR shall promptly thereafter complete such unfinished work to permit occupancy and use on the date specified in the OWNER’S written order, unless the OWNER shall permit specific items of work to be finished after the occupancy and use by the OWNER. In the event the CONTRACTOR is unreasonably delayed by the OWNER exercising its rights under this section, the CONTRACTOR may submit a request for an extension of time; CONTRACTOR’S sole remedy for an unreasonable delay shall be an extention extension of time and shall not be entitled to any additional compensation.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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