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14 . 02 .D) beeeme due, and m4iea due vAll be paid b Parts of 14.04.A. have been deleted and replaced. See CONTRACTOR.OWNER to Supplementary Conditions. D. Reduction in Payment 14 .04 Substantial Completion 1 . OWNER may refuse to make payment of A. When CONTRACTOR considers the entire Work the full amount recommended by ENGINEER ready for its intended use CONTRACTOR shall notify because: OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed a. claims have been made against OWNER by CONTRACTOR as incomplete) and request that on account of CONTRACTOR' s performance or ENGINEER issue a certificate of Substantial Completion. furnishing of the Work; Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to Part of Paragraph 14.02.D.1 .b. has been deleted. determine the status of completion. If ENGINEER does not b. Liens have been filed in connection with consider the Work substantially complete, ENGINEER will the Work, e.:,eptw here GONTRAGTOR h notify CONTRACTOR in writing giving the reasons delivered a spervifie Bead safisfaeter-y to OWN therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER sueh Liens; a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There sha14 be c. there are other items entitling OWNER to yed. to the eeF"ea4etentative list of iterns t 4 a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02 .B . 5 .a through 14 .02 .B .5 .c or eensidefing sueh objeetions, paragraph 15 .02 .A. Work is not substaH6aRy eemplete, New paragraphs 14.02.D.1 .e, f, g, and h have been added. See the Supplementary Conditions. reasens thArefen if, a tar—fie f ^`x '* E ' s 2 . If OWNER refuses to make payment of the full amount recommended by ENGINEER, deliver- to 9WAMR and GG@ r r o A /"' OR a defiBitive OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CON- r c �^ n. .^w ^w^-• ^ ^-- the enta :. ,, m6 fieate lE, VMVll V114L.1E. n TRACTOR any amount remaining after deduction ENGWEER believes justified a4er- eensideFafien of any of the amount so withheld. OWNER shall promptly objeetions fFem OWNER, At the time of delivery of the pay CONTRACTOR the amount so withheld, or any tentative certificate of Substantial Completion ENGINEER adjustment thereto agreed to by OWNER and will deliver to OWNER and CONTRACTOR a written CONTRACTOR, when CONTRACTOR corrects to recommendation as to division of responsibilities pending OWNER' s satisfaction the reasons for such action. final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the 3 . If it is subsequently determined that Work, maintenance, heat, utilities, insurance, and warranties OWNER' s refusal of payment was not justified, the and guarantees. Unless OWNER and CONTRACTOR amount wrongfully withheld shall be treated as an agree otherwise in writing and so inform ENGINEER in amount due as determined by paragraph 14. 02.C. 11 writing prior to ENGINEER' s issuing the definitive certificate of Substantial Completion, ENGINEER' s 14. 03 CONTRACTOR 's Warranty of Title aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any B . OWNER shall have the right to exclude Application for Payment, whether incorporated in the CONTRACTOR from the Site after the date of Substantial Project or not, will pass to OWNER no later than the time Completion, but OWNER shall allow CONTRACTOR of payment free and clear of all Liens. Rev . 03 / 2006 Egret Marsh 00700 - 41