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money to be placed in a separate account and not eammingled with money of the Gentfaeto� fiduciafy liability or- toa liability on the part of the Centfac-tOlFfer- bfeach of tFust or- shall entitle any pe on or- entity to an award of punitive daniages against the CentfaeteF for- breach Of the Eequirements of thi L § 9.7 FAILURE OF PAYMENT § 9.7. 1 If-This contract is governed by the Arehiteet does not issue a Get4ifieate fef Payme.m. Co tfaeter- wid*in s�Florida Prompt Payment Act, Florida Statutes section 218 . 70. et. seg . , Any pUment made later than twenty-five (25) days after receipt of ontractor' s Application for ayment, t-he Qvmer- does not Payment shall pay interest at the Ceatfaeter- within seven days after- the date establi hed in the Contract Deoufnents the amount ceFfified by the Ar-ehiteet or- awarded by arbitration, then the Centracto * may, Upo leve additional .lays ' . ...: tte edee to the Owner- and A ,.ekiteet stop the Wefkuntil payment rate of I % per month if the amount ewing has been meeived . The Ceatfaet Time shall be extended appr-opFiat&,F and. dhew C-enf�, aet Sum shall be increased by the ainelay was through no fault of the delay and staA , ` ontractor, as previded for- set forth in the .Florida Prom t Pa ment Act. Florida Statutes section 218 .70, et. sea . § 9.8 SUBSTANTIAL COMPLETION § 9.8. 1 Substantial Completion is the stage in the progress of the Work when the Work or designated po ion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or uti ize the Work for its intended use. § 9.8.2 When the Contractor 'considers that the Work, or a portion thereof which the Owner agrees to acc pt separately, is substantially complete, the Contractor shall prepare and submit to the Architect a compreh nsive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does n alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents . § 9.8.3 Upon receipt of the Contractor' s list, the Architect will make an inspection to determine whether he Work or designated portion thereof is substantially complete. If the Architect' s inspection discloses any item, whether or not included on the Contractor' s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the CoE tractor shall, before 'issuance of the Certificate of Substantial Completion, complete or correct such item upon n h iication by the Architect. In such case, the Contractor shall then submit a request for another inspection by the chitect to determine Substantial Completion. § 9.8.4 When the Work or designated' portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Wok and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Co pletion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall moment of-reduce the retainage withheld , if and as provided elsewhere in the Contract Documents. . Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents . § 9.9 PARTIAL OCCUPANCY OR USE §' 9.9. 1 The Owner may occupy or use any completed or partially completed portion of the Work at any sage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11 .4 . 1 . 5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payri)Ients, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9 . 8 .2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written', agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 19379 1951 , 1958, 19619 196391966, 1967, 1970, 1976, 1987 a d 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result in severe civil and criminal penalties, and will be 31 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:00:02 on 04/19/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: ( 1205244124) / 1 ,