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payments have been made to the Contractor. Should this occur for any reason, the Contractor shall <br /> immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as <br /> required. <br /> GC 44.8 Substantial Completion. Following determination by the Engineer of substantial <br /> completion, Contractor shall separately list each item of the punchlist required for final completion and the <br /> estimated cost of completing each item. Provided all pre-requisites for substantial completion have been <br /> met, Contractor may submit a special payment request along with the cost list for unfinished work. The <br /> County may retain a sum equal to 150%of the estimated cost of completing the unfinished items. <br /> GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit <br /> in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing <br /> payment of all such disputed amounts when adjudicated in cases where such payment has not already <br /> been guaranteed by a Surety or Performance bond. <br /> Upon issuance of a Final Certification by Engineer, and completion of all of the following items,Contractor <br /> may submit its final invoice. <br /> 1. Notarized and corporate sealed Final Release of Liens from all sub-contractors and <br /> suppliers. <br /> 2. Notarized and corporate sealed Final Release of Liens from Contractor. <br /> 3. Consent of surety for final payment. <br /> 4. All pre-requisites for substantial completion and final completion have been met. <br /> The making and acceptance of the final payment shall constitute a waiver and release of all claims by the <br /> Contractor, except those previously made in writing and still unsettled. <br /> GC 44.10 Withheld Payments. The Owner may withhold or, on account of subsequently <br /> discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be <br /> necessary to protect Owner if: <br /> a. Defective work or material is not remedied. <br /> b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties <br /> against the Contractor. <br /> C. Failure of the Contractor to make payments to sub-contractors or for material or labor. <br /> d. Damage to another Contractor. <br /> e. Contractor is in default of any contract condition. <br /> f. Contractor fails to submit information required by this Contract. <br /> g. Contractor consistently fails to perform work in accordance with the Contract Documents. <br /> h. Owner has reasonable doubt that Contract work can be completed within the schedule or for <br /> the balance of the Contract price which remains unpaid. <br /> i. Contractors insurance coverage lapsed. <br /> j. Owner has a right to claim liquidated damages. <br /> When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to <br /> the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts <br /> withheld because of them. <br /> GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq, Fla. <br /> Stat., are incorporated by reference herein. The Act provides payment due dates, addresses, interest <br /> and payment dispute resolution. <br /> 41 <br />