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ENGINEER's opinion to protect OWNER from <br />loss because: <br />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 <br />correct defective Work or complete Work in <br />accordance with paragraph 13.09; or <br />d. ENGINEER has actual knowledge of <br />the GGGUFrense—ef ars; of the events <br />enumeFated an paFagFaph 15.02.A. <br />C. Payment Becomes Due <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 <br />enumerated in paragraphs 14.02.B.5.a <br />through 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, <br />or any adjustment thereto agreed to by <br />OWNER and CONTRACTOR, when <br />CONTRACTOR corrects to OWNER's <br />satisfaction the reasons 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.C.1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees <br />that title to all Work, materials, and equipment cov- <br />ered by any Application for Payment, whether incor- <br />porated in the Project or not, will pass to OWNER no <br />later than the time of payment free and clear of all <br />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 <br />consider the Work substantially complete, <br />ENGINEER will notify CONTRACTOR in writing <br />giving the reasons therefore. If ENG -I EMER considers <br />the -Werk substantially- Gomplete, €N"NE€R�;i;; <br />of Substantial Gempletion whiGh shall fix the date of <br />the certificate a tentative lice of items to he completed <br />er serrested before final payment. OMER <br />have seven days after receipt of the tentative cer+iF <br />ENGINEER as to any previsions of the nertifinate c <br />r <br />ENGINEER condudes that the Work is not 61-1htan <br />s <br />tally Gemplete, ENGINEER will within 14 dads after <br />submission of the tentative GeFtifir_,ate tn- Q_1AadF_=R <br />notify GONTRAGTOR an writing, stating the Feasens <br />thefefoFif, after Gepsider-ation of OWN€R's <br />tially Gemplet��€NGINEER will within said 1a r4—daay"ss <br />00700 - General Conditions REV 5-10-13 <br />00700-40 <br />FAPublic Works\ENGINEERING DIVISION PROJECTSk1727 CR -512 EB & WB Bridge (88407879) Repairs\t-Admin\Bid DocumentsWlaster Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />