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evidence of insurance required by Paragraph 14.08 Final Completion Delayed 5 .04. 8.7; A. If, through no fault of Contractor, final completion of b. consent of the surety, if any, to final payment; the Work is significantly delayed, and if Engineer so confirms, Owner shall , upon receipt of Contractor' s final C. a list of all Claims against Owner that Application for Payment (for Work fully completed and Contractor believes are unsettled; and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance d. complete and legally effective releases or due for that portion of the Work fully completed and waivers (satisfactory to Owner) of all Lien rights accepted. If the remaining balance to be held by Owner arising out of or Liens filed in connection with for Work not fully completed or corrected is less than the the Work. retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01 , the written 3 . In lieu of the releases or waivers of Liens consent of the surety to the payment of the balance due specified in Paragraph 14. 07. A.2 and as approved by for that portion of the Work fully completed and accepted Owner, Contractor may furnish receipts or releases in shall be submitted by Contractor to Engineer with the full and an affidavit of Contractor that: (i) the Application for such payment. Such payment shall be releases and receipts include all labor, services, made under the terms and conditions governing final material, and equipment for which a Lien could be payment, except that it shall not constitute a waiver of filed; and (ii) all payrolls, material and equipment Claims. bills, and other indebtedness connected with the Work for which Owner or Owner's property might in 14.09 Waiver of Claims any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to A . The making and acceptance of final payment will furnish such a release or receipt in full, Contractor constitute: may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 1 . a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled B . Engineer's Review of Application and Acceptance Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure I . If, on the basis of Engineer's observation of the to comply with the Contract Documents or the terms Work during construction and final inspection, and of any special guarantees specified therein, or from Engineer's review of the final Application for Contractor's continuing obligations under the Payment and accompanying documentation as re- Contract Documents; and quired by the Contract Documents, Engineer is satisfied that the Work has been completed and 2 . a waiver of all Claims by Contractor against Contractor's other obligations under the Contract Owner other than those previously made in Documents have been fulfilled, Engineer will, within accordance with the requirements herein and ten days after receipt of the final Application for expressly acknowledged by Owner in writing as still Payment, indicate in writing Engineer' s recommen- unsettled. dation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and ARTICLE 15 - SUSPENSION OF WORK AND Contractor that the Work is acceptable subject to the TERMINATION provisions of Paragraph 14.09. Otherwise, Engineer Will return the Application for Payment to Contractor, indicating in writing the reasons for 15 .01 Owner May Suspend Work refusing to recommend final payment, in which case Contractor shall make the necessary corrections and A . At any time and without cause, Owner may suspend resubmit the Application for Payment. the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to C . Payment Becomes Due Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work 1 . Thirty days after the presentation to Owner of on the date so fixed. Contractor shall be granted an adjust- the Application for Payment and accompanying ment in the Contract Price or an extension of the Contract documentation, the amount recommended by Times, or both, directly attributable to any such Engineer, less any sum Owner is entitled to set off suspension if Contractor makes a Claim therefor as against Engineer's recommendation, including but provided in Paragraph 10.05. not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39