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• <br />41111110 <br />0 <br />a <br />prior to or upon Substantial Completion, to the results of any subsequent tests called for <br />in the Contract Documents, to a final determination of quantities and classifications for Unit <br />Price Work under paragraph 99.10, and to any other qualifications stated in the <br />recommendation); and that CONTRACTOR is entitled to payment of the amount <br />recommended, However, by recommending any such payment ENGINEER will not <br />thereby be deemed to have represented that exhaustive or continuous on-site inspections <br />have been made to check the quality or the quantity of the Work beyond the <br />responsibilities specifically assigned to ENGINEER in the Contract Documents or that <br />there may not be other matters or issues between the parties that might entitle <br />CONTRACTOR to be paid additionaliy by OWNER or OWNER to withhold payment to <br />CONTRACTOR. <br />14.5 ENGINEER's recommendation of final payment will constitute an additional representation <br />..41 1 w- ..r a sA r fi.1TY7 N <br />by ENGINEER iu llVVNER iE lat tl le coo 1ki ,,:o .s pr C ceder., to CON i RACTO� � bo,ng <br />entitled to final payment as set forth in paragraph 14.13 have been fulfilled. <br />14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in <br />ENGINEER's opinion, it would be incorrect to make such representations to OWNER. <br />ENGINEER may also refuse to recommend any such payment, or, because of <br />subsequently discovered evidence or the results of subsequent inspections or test nullify <br />any such payment previously recommended, to such extent as may be necessary in <br />ENGINEER's opinion to protect OWNER from loss because: <br />14.1.1 the Work is defective, or completed Work has been damaged requiring <br />correction or replacement, <br />14,7.2 the Contract Price has been reduced by Written Amendment of Change <br />Order, <br />14.1.3 OWNER has been required to correct defective Work or complete Work in <br />accordance with paragraph 13.14, or <br />14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events <br />enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. <br />OWNER may refuse to make payment of the full amount recommended by ENGiNEEk <br />because claims have been made against OWNER on account of CONTRACTOR's <br />performance or furnishing of the Work or liens have been filed in connection with the Work <br />or there are other items entitling OWNER to a set-off against the amount recommended, <br />but OWNER must give CONTRACTOR immediate written notice (with a copy to <br />ENGINEER) stating the reasons for such action. <br />Substantial Completion: <br />14.8 When CONTRACTOR considers the entire Work ready for its intended use, <br />CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is <br />.' 'AVp'ac®AF_„1M•nnt7nfl, ccomp1c►mivriiv"t for '\,,_s, <br />incomplete) and request that ENGINEER issue a certificate of Substantial Completion. <br />Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER s�­l make <br />an inspection of the Work to determine the status of completion. If ENGINEER does not <br />consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing <br />giving the reasons therefor. if ENGINEER considers the Work substantially complete,. <br />ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial <br />Completion which shall fix the date of Substantial Completion. There shall be attached to <br />the certificate a tentative list of items to be completed or corrected before final payment. <br />OWNER shall have seven (7) days after receipt of the tentative certificate during which to <br />make written objection to ENGINEER as to any provisions of the certificate or attached list. <br />