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including final payment, will impose responsibility <br />on Engineer: <br />a. to supervise, direct, or control the Work, or <br />b. for the means, methods, techniques, <br />sequences, or procedures of construction, or the <br />safety precautions and programs incident thereto, <br />or <br />c. for Contractor's failure to comply with Laws <br />and Regulations applicable to Contractor's <br />performance of the Work, or <br />d. to make any examination to ascertain how or <br />for what purposes Contractor has used the <br />moneys paid on account of the Contract Price, or <br />e. to determine that title to any of the Work, <br />materials, or equipment has passed to Owner free <br />and clear of any Liens. <br />5. Engineer may refuse to recommend the whole or <br />any part of any payment if, in Engineer's opinion, it <br />would be incorrect to make the representations to <br />Owner stated in Paragraph 14.02.B.2. Engineer may <br />also refuse to recommend any such payment or, <br />because of subsequently discovered evidence or the <br />results of subsequent inspections or tests, revise or <br />revoke any such payment recommendation <br />previously made, to such extent as may be necessary <br />in Engineer's opinion to protect Owner from loss <br />because: <br />a. the Work is defective, or completed Work has <br />been damaged, requiring correction or replace- <br />ment; <br />b. the Contract Price has been reduced by <br />Change Orders; <br />c. Owner has been required to correct defective <br />Work or complete Work in accordance with <br />Paragraph 13.09; or <br />d. Engineer has actual knowledge of the <br />occurrence of any of the events enumerated in <br />Paragraph 15.02.A. <br />C. Payment Becomes Due <br />1. Ten days after presentation of the Application for <br />Payment to Owner with Engineer's recommendation, <br />the amount recommended will (subject to the <br />provisions of Paragraph 14.02.D) become due, and <br />when due.will be paid by Owner to Contractor. <br />D. Reduction in Payment <br />1. Owner may refuse to make payment o(the full <br />amount recommended by Engineer because: <br />a. claims have been made against Owner on <br />account of Contractor's performance or furnish- <br />ing of the Work; <br />b. Liens have been filed in connection with the <br />Work, except where Contractor has delivered a <br />specific bond satisfactory to Owner to secure the <br />satisfaction and discharge of such Liens; <br />c. there are other items entitling Owner to a <br />set-off against the amount recommended; or <br />d. Owner has actual knowledge of the occur- <br />rence of any of the events enumerated in <br />Paragraphs 14.02.B.5.a through 14.02.B.5.c or <br />Paragraph 15.02.A. <br />2. If Owner refuses to make payment of the full <br />amount recommended by Engineer, Owner will give <br />Contractor immediate written notice (with a copy to <br />Engineer) stating the reasons for such action and <br />promptly pay Contractor any amount remaining after <br />deduction of the amount so withheld. Owner shall <br />promptly pay Contractor the amount so withheld, or <br />any adjustment thereto agreed to by Owner and <br />Contractor, when Contractor corrects to Owner's <br />satisfaction the reasons for such action. <br />3. If it is subsequently determined that Owner's <br />refusal of payment was not justified, the amount <br />wrongfully withheld shall be treated as an amount <br />due as determined by Paragraph 14.02.C.1. <br />14.03 Contractor's Warranty of Title <br />A. Contractor wants and guarantees that title to all <br />Work, materials, and equipment covered by any <br />Application for Payment, whether incorporated in the <br />Project or not, will pass to Owner no later than the time of <br />payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When Contractor considers the entire Work ready for <br />its intended use Contractor shall notify Owner and <br />Engineer in writing that the entire Work is substantially <br />complete (except for items specifically listed by <br />Contractor as incomplete) and request that Engineer issue <br />a certificate of Substantial Completion. <br />B. Promptly after Contractor's notification, , Owner, <br />Contractor, and Engineer shall make an inspection of the <br />Work to determine the status of completion. If Engineer <br />does not consider the Work substantially complete, <br />Engineer will notify Contractor in writing giving the <br />reasons therefor. <br />EJCDC 4700 Standard General Conditions of the Construction Contract. <br />Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700 - 37 <br />