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a . the Work is defective, or completed pay CONTRACTOR the amount so withheld, or <br /> Work has been damaged , requiring any adjustment thereto agreed to by OWNER <br /> correction or replacement; and CONTRACTOR, when CONTRACTOR <br /> corrects to OWNER's satisfaction the reasons <br /> b . the Contract Price has been reduced for such action . <br /> by Written Amendment or Change Orders; <br /> 3 . If it is subsequently determined that <br /> c. OWNER has been required to correct OWNER's refusal of payment was not justified , <br /> defective Work or complete Work in actor- the amount wrongfully withheld shall be treated <br /> dance with paragraph 13 .09 , or as an amount due as determined by paragraph <br /> 14 .02 . C . 1 . <br /> d ENGINEER has anf„al knowledge i+F <br /> the OGG M WFSAGS of any of the events enumei; 14 .03 CONTRACTOR's Warranty of Title <br /> mom <br /> A. CONTRACTOR warrants and guarantees <br /> C . Payment Becomes Due that title to all Work, materials , and equipment covered <br /> by any Application for Payment, whether incorporated <br /> in the Project or not, will pass to OWNER no later than <br /> the time of payment free and clear of all Liens . <br /> F=NGINI==996 FennFr+ mendatieA , the AMOUR <br /> 14 .04 Substantial Completion <br /> due will be paid by QWN ' ACTOR A. When CONTRACTOR considers the entire <br /> Work ready for its intended use CONTRACTOR shall <br /> D. Reduction in Payment notify OWNER and ENGINEER in writing that the <br /> entire Work is substantially complete (except for items <br /> 1 . OWNER may refuse to make specifically listed by CONTRACTOR as incomplete) <br /> payment of the full amount recommended by and request that ENGINEER issue a certificate of <br /> ENGINEER because : Substantial Completion . Promptly thereafter, <br /> OWNER, CONTRACTOR, and ENGINEER shall <br /> a . claims have been made against make an inspection of the Work to determine the <br /> OWNER on account of CONTRACTOR's status of completion . If ENGINEER does not consider <br /> performance or furnishing of the Work, the Work substantially complete, ENGINEER will <br /> notify CONTRACTOR in writing giving the reasons <br /> b . Liens have been filed in connection therefore . I mom <br /> with the Work, except where substAntoWly GGFRPISte, <br /> CONTRACTOR has delivered a specific <br /> Bond satisfactory to OWNER to secure the <br /> satisfaction and discharge of such Liens ; <br /> c. there are other items entitling OWN- <br /> ER to a set-off against the amount <br /> recommended ; or <br /> d . OWNER has actual knowledge of the , <br /> occurrence of any of the events enumerated , <br /> in paragraphs 14 .02 .B . 5.a through <br /> 14 .02 . B . 5 .c or paragraph 15 .02 .A. <br /> 2 . If OWNER refuses to make payment , <br /> of the full amount recommended by , <br /> ENGINEER, OWNER must give ENGIAICCG 91 within said dA day even„#e and <br /> CONTRACTOR immediate written notice (with <br /> a copy to ENGINEER) stating the reasons for <br /> such action and promptly pay CONTRACTOR <br /> any amount remaining after deduction of the <br /> amount so withheld . OWNER shall promptly as ENIGINEER believes justified after cani;;idamtea <br /> 00700 - General Conditions REV 04;07.doc <br /> 00700 - 40 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions <br />REV 04- <br /> 07.doc <br />