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4 . Neither ENGINEER's review of D . Reduction in Payment CONTRACTOR' s Work for the purposes of 1 . OWNER may refuse to make recommending payments nor ENGINEER 's payment of the full amount recommended by recommendation of any payment , including final ENGINEER because : payment , will impose responsibility on ENGINEER to supervise , direct , or control the a . claims have been made against Work or for the means , methods , techniques , OWNER on account of CONTRACTOR's sequences , or procedures of construction , or performance or furnishing of the Work ; the safety precautions and programs incident thereto , or for CONTRACTOR's failure to b . Liens have been filed in connection comply with Laws and Regulations applicable to with the Work , except where CONTRACTOR 's performance of the Work . CONTRACTOR has delivered a specific Additionally, said review or recommendation will Bond satisfactory to OWNER to secure the not impose responsibility on ENGINEER to satisfaction and discharge of such Liens ; make any examination to ascertain how or for what purposes CONTRACTOR has used the c . there are other items entitling OWN - moneys paid on account of the Contract Price , ER to a set-off against the amount or to determine that title to any of the Work , recommended ; or materials , or equipment has passed to OWNER free and clear of any Liens . d . OWNER has actual knowledge of the occurrence of any of the events enumerated 5 . ENGINEER may refuse to recom - in paragraphs 14 . 02 . B . 5 . a through mend the whole or any part of any payment if, 14 . 02 . B . 5 . c or paragraph 15 . 02 .A . in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred 2 . If OWNER refuses to makeDayment to in paragraph 14 . 02 . 13 . 2 . ENGINEER may of the full amount recommended by also refuse to recommend any such payment ENGINEER , OWNER must give or, because of subsequently discovered CONTRACTOR immediate written notice (with evidence or the results of subsequent a copy to ENGINEER) stating the reasons for inspections or tests , revise or revoke any such such action and promptly pay CONTRACTOR payment recommendation previously made , to any amount remaining after deduction of the such extent as may be necessary in amount so withheld . OWNER shall promptly ENGINEER's opinion to protect OWNER from pay CONTRACTOR the amount so withheld , or loss because : any adjustment thereto agreed to by OWNER and CONTRACTOR , when CONTRACTOR a . the Work is defective , or completed corrects to OWNER 9s satisfaction the reasons Work has been damaged , requiring for such action . correction or replacement; 3 . If it is subsequently determined that b . the Contract Price has been reduced OWNER's refusal of payment was not justified , by Written Amendment or Change Orders ; the amount wrongfully withheld shall be treated as an amount due as determined by paragraph c . OWNER has been required to correct 14 . 02 . C . 1 . defective Work or complete Work in accor- dance with paragraph 13 . 09 ; or 14 . 03 CONTRACTOR 's Warranty of Title A. CONTRACTOR warrants and guarantees the GGGLAFFenGe of , n „ of the eVeRts eR nneF that title to all Work , materials , and equipment covered by any Application for Payment, whether incorporated in the Project or not , will pass to OWNER no later than C . Payment Becomes Due the time of payment free and clear of all Liens . 1 . Tefldays #er—prese+atAfithrQ 14 . 04 Substantial Completion FWSINIPF= 's resemffad fes; , the aM96I;t A. When CONTRACTOR considers the entire Falsemmended will (subject to the PFOVOISDIGIRS G Work ready for its intended use CONTRACTOR shall Paragraph 14 . 02 . D ) become due , aro Whefa notify OWNER and ENGINEER in writing that the due will be paid by OWNER to CONTRACTOR , entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete ) 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SWV\dmim\Contract Documents\00700 - General Conditions REV 04 -07 -doc