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i <br /> inspections or tests, revise or revoke any such ENGINEER, OWNER must give <br /> payment recommendation previously made, to CONTRACTOR immediate written notice (with <br /> such extent as may be necessary in a copy to ENGINEER) stating the reasons for <br /> ENGINEER's opinion to protect OWNER from such action and promptly pay CONTRACTOR <br /> loss because: any amount remaining after deduction of the <br /> amount so withheld. OWNER shall promptly <br /> a. the Work is defective, or completed pay CONTRACTOR the amount so withheld, or <br /> Work has been damaged, requiring any adjustment thereto agreed to by OWNER <br /> correction or replacement; and CONTRACTOR, when CONTRACTOR i <br /> corrects to OWNER's satisfaction the reasons <br /> b. the Contract Price has been reduced for such action. <br /> by Written Amendment or Change Orders; <br /> 3. If it is subsequently determined that <br /> c. OWNER has been required to correct OWNER's refusal of payment was not justified, <br /> defective Work or complete Work in accor- the amount wrongfully withheld shall be treated <br /> dance with paragraph 13.09; or as an amount due as determined by paragraph <br /> 14.02.C.1. <br /> the GGGIJFFeRGe Of aRy of e events ewer 14.03 CONTRACTOR's Warranty of Title <br /> ated ill paragraph 15.02.A <br /> A. CONTRACTOR warrants and guarantees <br /> C. Payment Becomes Due that title to all Work, materials, and equipment covered <br /> by any Application for Payment, whether incorporated <br /> 1. TeR days after pFesentatiGR Of th8 in the Project or not, will pass to OWNER no later than <br /> AppliGatien for Payment te OWNER with the time of payment free and clear of all Liens. <br /> ENGI. EER' Fe emmeRdatilthe��.t <br /> 14.04 Substantial Completion <br /> due will be paid by OWNER to CONTRACTOR. A. When CONTRACTOR considers the entire <br /> Work ready for its intended use CONTRACTOR shall <br /> D. Reduction in Payment notify OWNER and ENGINEER in writing that the <br /> entire Work is substantially complete (except for items <br /> 1. OWNER may refuse to make specifically listed by CONTRACTOR as incomplete) <br /> payment of the full amount recommended by and request that ENGINEER issue a certificate of <br /> ENGINEER because: Substantial Completion. Promptly thereafter, <br /> OWNER, CONTRACTOR, and ENGINEER shall <br /> a. claims have been made against make an inspection of the Work to determine the <br /> OWNER on account of CONTRACTOR's status of completion. If ENGINEER does not consider <br /> performance or furnishing of the Work; the Work substantially complete, ENGINEER will <br /> notify CONTRACTOR in writing giving the reasons <br /> b. Liens have been filed in connection therefore. of ENGINEER GGRSiders the—`A.,* <br /> with the Work, except where <br /> CONTRACTOR has delivered a specific <br /> Bond satisfactory to OWNER to secure the <br /> satisfaction and discharge of such Liens; <br /> c. there are other items entitling OWN- <br /> ER to a set-off against the amount <br /> recommended; or make. wFitten GbjeGt*c)n to ENGINEER as to any <br /> d. OWNER has actual knowledge of the <br /> occurrence of any of the events enumerated that the WeFk is net substantially GeMP18t <br /> in paragraphs 14.02.B.5.a through ENGINEER EERyill l.yftin 44 days a#er submission of the <br /> 14.02.B.5.c or paragraph 15.02.A. GeFtifiGate to OWNER notify GONITRA-CTOR <br /> 2. If OWNER refuses to make payment w id +fi0R of QWN ER 9bjeGtiGRS, ENGINEER <br /> of the full amount recommended by oerisiders the Werk substantial!' Gernple <br /> 00700-General Conditions REV 5-10-13 <br /> 00700-40 <br /> F:\Public Works\ENGINEERING MISION PROJECTS\1049_8th St Sidewalk Improvements(56th Ave to 21st Courl)\Admlm\bid documents\LAP DDcuments\tvtaster Contract <br /> DocLxnents\00700-General Conditions REV 5-10-13.doc _ <br />