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CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 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 the occurrence of any of the events cnumcr 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 paragraph 11.02.D) become due, and when --- e. e e . , . - -e' - !' 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 fumishing of the Work; b. Liens have been filed i with the Work, exce CONTRACTOR has delivere Bond satisfactory to OWNER t satisfaction and discharge of su c. there are other items en ER to a set-off against recommended; or d. OWNER has actual kno occurrence of any of the events in paragraphs 14.02.6.5. 14.02.6.5.c or paragraph 15.02. connection t where a specific secure the h Liens; itling OWN - e amount ledge of the enumerated through 2. If OWNER refuses to m5ke payment of the full amount recom ended by ENGINEER, OWNER m st give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CO TRACTOR any amount remaining after dedu tion of the amount so withheld. OWNER sh II promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to y 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 sha I 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 clear 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 00700 - General Conditions REV 5-10-13.doc 00700 - 39 F:\Public WorksIENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th StWdminlbid documents\Master Contract Documents100700 - General Conditions REV 5-10- 13.doc