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an appropriate decrease in the Contract Price. If the 3 . The amount of retainage with respect to progress parties are unable to agree as to the amount of the payments will be as stipulated in the Agreement. adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05 . Such claims, costs, losses B . Review of Applications and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or I . Engineer will , within 10 days after receipt of damaged by correction, removal, or replacement of each Application for Payment, either indicate in Contractor's defective Work. writing a recommendation of payment and present the Application to Owner or return the Application to D. Contractor shall not be allowed an extension of the Contractor indicating in writing Engineer' s reasons Contract Times because of any delay in the performance for refusing to recommend payment. In the latter of the Work attributable to the exercise by Owner of case, Contractor may make the necessary corrections Owner's rights and remedies under this Paragraph 13.09. and resubmit the Application. 2 . Engineer's recommendation of any payment ARTICLE 14 - PAYMENTS TO CONTRACTOR AND requested in an Application for Payment will COMPLETION constitute a representation by Engineer to Owner, based on Engineer' s observations on the Site of the executed Work as an experienced and qualified 14.01 Schedule of Values design professional and on Engineers review of the Application for Payment and the accompanying data A. The Schedule of Values established as provided in and schedules, that to the best of Engineer's Paragraph 2.07.A will serve as the basis for progress knowledge, information and belief: payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress a. the Work has progressed to the point indicat- payments on account of Unit Price Work will be based on ed; the number of units completed. b. the quality of the Work is generally in accor- 14.02 Progress Payments dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole A. Applications for Payments prior to or upon Substantial Completion , to the results of any subsequent tests called for in the 1 . At least 20 days before the date established in the Contract Documents, to a final determination of Agreement for each progress payment (but not more quantities and classifications for Unit Price Work often than once a month), Contractor shall submit to under Paragraph 9.07, and to any other Engineer for review an Application for Payment qualifications stated in the recommendation); and filled out and signed by Contractor covering the Work completed as of the date of the Application and c. the conditions precedent to Contractor' s being accompanied by such supporting documentation as is entitled to such payment appear to have been required by the Contract Documents. If payment is fulfilled in so far as it is Engineer's requested on the basis of materials and equipment not responsibility to observe the Work . incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in 3 . By recommending any such payment Engineer writing, the Application for Payment shall also be will not thereby be deemed to have represented that: accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the a. inspections made to check the quality or the materials and equipment free and clear of all Liens quantity of the Work as it has been performed and evidence that the materials and equipment are have been exhaustive, extended to every aspect covered by appropriate property insurance or other of the Work in progress, or involved detailed arrangements to protect Owner's interest therein, all inspections of the Work beyond the responsi- of which must be satisfactory to Owner, bilities specifically assigned to Engineer in the Contract Documents; or 2 . Beginning with the second Application for Payment, each Application shall include an affidavit b. that there may not be other matters or issues of Contractor stating that all previous progress between the parties that might entitle Contractor payments received on account of the Work have been to be paid additionally by Owner or entitle applied on account to discharge Contractor's Owner to withhold payment to Contractor. legitimate obligations associated with prior Applications for Payment. 4. Neither Engineer's review of Contractor' s Work for the purposes of recommending payments nor Engineer's recommendation of any payment, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36