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a. the Work is defective, or completed <br />Work has been damaged, requiring <br />correction or replacement; <br />b. the Contract Price has been reduced <br />by Written Amendment or Change Orders; <br />c. OWNER has been required to correct <br />defective Work or complete Work in accor- <br />dance with paragraph 13.09; or <br />C. Payment Becomes Due <br />1. Ten days after presentation of the <br />Application for Payment to OWNER with <br />ENGINEER's recommendation, the amount <br />D. Reduction in Payment <br />1. OWNER may refuse to make <br />payment of the full amount recommended by <br />ENGINEER because. <br />a. claims have been made against <br />OWNER on account of CONTRACTOR's <br />performance or furnishing of the Work; <br />b. Liens have been filed in connection <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 <br />d OWNER has actual knowledge of the <br />occurrence of any of the events enumerated <br />in paragraphs 14 02.B.5.a through <br />14.02.B.5.c or paragraph 15 02.A. <br />2. If OWNER refuses to make payment <br />of the full amount recommended by <br />ENGINEER, OWNER must give <br />CONTRACTOR immediate written notice (with <br />a copy to ENGINEER) stating the reasons for <br />such action and promptly pay CONTRACTOR <br />any amount remaining after deduction of the <br />amount so withheld OWNER shall promptly <br />pay CONTRACTOR the amount so withheld, or <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />corrects to OWNER's satisfaction the reasons <br />for such action. <br />3 If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.0 1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees <br />that title to all Work, materials, and equipment covered <br />by any Application for Payment, whether incorporated <br />in the Project or not, will pass to OWNER no later than <br />the time of payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire <br />Work ready for its intended use CONTRACTOR shall <br />notify OWNER and ENGINEER in writing that the <br />entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the <br />status of completion. If ENGINEER does not consider <br />the Work substantially complete, ENGINEER will <br />notify CONTRACTOR in writing giving the reasons <br />therefore. If ENGINEER considers the Work <br />a tentative list of items to be completed or corrected <br />make written objection to ENGINEER as to any <br />that the Work is not substantially complete, <br />in writing, stating the reasons therefor. If, after <br />considers the Work substantially complete, <br />.00700 - General Conditions REV 5-10-13 <br />00700 - 40 <br />F•\Public Works\ENGINEERING DIVISION PROJECTS \1139 -CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP\Admim\bid documents\Master Contract Documents\00700 - General <br />Conditions REV 5-10-13.doc <br />