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i <br /> inspections or tests revise or revoke an such ENGINEER OWNER must give <br /> P � Y <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 �l <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 <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, f <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 /> d. ENGINEER has aGtual knewledge of <br /> the GGGUrrenGe of any of the events nnurner- 14.03 CONTRACTOR's Warranty of Title <br /> 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 Ten days after nresentatinn of the in the Project or not,will pass to OWNER no later than <br /> AppNsation-fer Payment to QWNER v.rith the time of payment free and clear of all Liens. <br /> €A'GINE€R'sreGGFrimendatieR, the arnewRt <br /> Fe(39m eery 14.04 Substantial Completion <br /> paragraph 14.020) beGOFne , <br /> and when <br /> due.fill be paid by OWNER to�'nnf`'T <br /> ITRAQR A. When CONTRACTOR considers the entire <br /> v 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. if ENGINEER GE)Rsiders the ).Ata <br /> with the Work, except where substantially-Gemplete, ENGINEERwill prepare and j <br /> CONTRACTOR has delivered a specific deliveF to OWNER a tentatiVe GeFtifiGate of SubstaRtia_l I <br /> Bond satisfactory to OWNER to secure the Gempletion whiGh shall fix the-date-ef S;bstaatial I <br /> satisfaction and discharge of such Liens; Gernpletien. There shall be ^*^^hed to the Gertiftsate <br /> a tentative list of items to be Gerripleted Gr E;erFeGted <br /> c. there are other items entitling OWN- befe,Fe final payment. OWNER shall e seven days <br /> ER to a set-off against the amount after FeGeipt of the tentative Ge;tif Gate during ,hiGh to <br /> recommended; or make written c�bjesti9; zG ENGINEER as te-any <br /> p;evis,e,s of the Gertifisate er attas#�ed Inst. I#-after <br /> d. OWNER has actual knowledge of the ^^nsideFin^ -c ENGINEER RGl de � <br /> occurrence of any of the events enumerated that the Aheirk is not—substantially—GOMplete <br /> in paragraphs 14.02.B.5.a through ENGINEER will within 14 d,, - I issiE)R of the <br /> 14 02.B.5.c or paragraph 15.02.A. <br /> rn writing, stating the Feasens therefer. if, a€ter <br /> 2. If OWNER refuses to make payment Gensideratiera-ef OWNER's bjeGto^s, €PIG;-NEER <br /> of the full amount recommended by Geflsiders the WaFk substantially—GOmplete, <br /> 00700-General Conditions REV 5-10-13 <br /> 00700-40 <br /> F%Public WorkstENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documenls100700- <br /> General Conditions REV 5-10-13.doc <br />