stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<br /> appropriately and the Contract Sum shall be increased by the amount of the Contractor' s reasonable costs of shut-
<br /> down, ;del: nIay and start-up, plus interest as provided for in the Contract Documents.
<br /> § 9.8 SUBSTANTIAL COMPLETION
<br /> § 9.8. 1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br /> is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br /> Work' for its intended use.
<br /> IF
<br /> § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br /> 11 1
<br /> separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br /> items to be Completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br /> ' IF§ 9.8.3 Upon If
<br /> recnnn, eipt ofthe Contractor' s list, the Architect will make an inspection to determine whether the Work or
<br /> designated pInFI - Fortion IF is substantially complete. If the Architect' s inspection discloses any item, whether or not
<br /> FI included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
<br /> that the Owner I
<br /> can occupy I
<br /> or utilize the Work or designated portion thereof for its intended use, the Contractor
<br /> IF I IF
<br /> shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
<br /> IF 1: by the ArI ' llchitect. In such case; the Contractor shall then submit a request for another inspection by the Architect
<br /> to
<br /> determine Substantial Completion.
<br /> § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
<br /> I It .1IF
<br /> Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
<br /> 1 . responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
<br /> insurance_ FF, and shall fix IF ,the time ,within which the Contractor shall finish all items on the list accompanying the
<br /> Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br /> F 11 of the Work or designatennt ,d portion thereof unless otherwise provided in the Certificate of Substantial Completion.
<br /> 11 Ft I I
<br /> § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> IF
<br /> 11
<br /> 11 IF
<br /> acAll I . ceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
<br /> IF 11 1
<br /> 11
<br /> any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
<br /> 11 1 shall be adj4IFFusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br /> I .i not .
<br /> -IFF § 9.9 PARTIAL OCCUPANCY OR USE
<br /> § 9:9. 1 .The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br /> I IFsuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
<br /> in Ito by the insurer as required under Section 11 . 3 . 1 . 5 and authorized by public authorities having jurisdiction over the
<br /> Project Such FF
<br /> ninninir
<br /> Ininnninnpartial occupancIIIy or use may commence whether or not the portion is substantially complete, provided
<br /> the Owner and Contractor have acFILL cepted in writing the responsibilities assigned to each of them for payments,
<br /> IF
<br /> retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
<br /> IF I writing concerning the perioIIId: for correction of the Work and commencement of warranties required by the Contract
<br /> IF
<br /> Documents. When the Contractotin' Itr. considers a portion substantially complete, the Contractor shall prepare and
<br /> submit a list to the Architect as provided under Section 9. 8.2 . Consent of the Contractor to partial occupancy or use
<br /> shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
<br /> LL between the Owner and , Contractor or, if no agreement is reached, by decision of the Architect.
<br /> I LL
<br /> in
<br /> § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
<br /> the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
<br /> Work.
<br /> LLL I
<br /> IF I
<br /> § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
<br /> IF 1 11 1 ConFit Fit ,acceptance of Work not complying with the requirements of the Contract Documents.
<br /> § 9. 10 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 9.10. 1 Upon receipt of the Contractor' s written notice that the Work is ready for final inspection and acceptance
<br /> and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
<br /> Init. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and
<br /> 2007 by The American
<br /> Institute of Architects. All tights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> 27
<br /> reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 1212112012 under Order No.4386727979 1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566)
<br />
|