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a. the Work is defective, or completed Work has been damaged, requiring - correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders, c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumer ated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of due will be paid by OWNER to CONTRACTOR. D Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b Liens have been filed in connection with- the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.6 5.a through 14 02.B 5.c or paragraph 15 02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate -written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently .determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14-02.C.1: 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees 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 the time of payment free and dear of all Liens. 14 04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial ' Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore If ENGINEER considers the Work Completion. There shall be attached to the certificate before final payment. OWNER shall have seven days provisions of the certificate or attached list. If, after that the Work is not substantially complete, consideration of OWNER's objections, ENGINEER considers the Work substantially complete, tentative list of items to be completed or corrected) as ENGINEER believes justified after consideration of 00700 - General Conditions REV 5-10-13 00700 - 40 F \Public Wdrks\ENGINEERING DIVISION PROJECTS11304-CR 512 Resurf (SCOP) 125th St to I-95'Admim\bid documentslMaster Contract Documents100700 - General Conditions REV 5-10-13.doc