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1999-338A
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1999-338A
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Last modified
2/6/2024 1:27:00 PM
Creation date
2/6/2024 1:13:02 PM
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Template:
Official Documents
Official Document Type
Addendum
Approved Date
12/21/1999
Control Number
1999-338A
Entity Name
Summit Construction Managerment Inc.
Subject
Addendum 1 Round Island Park
Project Number
9622
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14.6 ENGINEER's recommendation of final payment will constitute an additional represcotation by <br />ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final <br />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 ENGINEER's <br />opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse <br />to recommend any such payment, or, because of subsequently discovered evidence or the results of <br />subsequent inspections or test nullify any such payment previously recommended, to such extent as <br />may be necessary in ENGINEER's opinion to protect OWNER from loss because: <br />' 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or <br />replacement, <br />14.7.2 the Contract price has been reduced by Written Amendment of Change Order, <br />14,7.3 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 enumerated <br />in paragraphs 15.2,I through 15,2.9 inclusive. <br />OWNER may refuse to make payment of the full amount recommended by ENGINEER because <br />claims have been made against OWNER on account of CONTRACTOR's performance or furnishing <br />of the Work or liens have been filed in connection with the Work or there are other items entitling <br />OWNER to a set-off against the amount recommended, but OWNER trust give CONTRACTOR <br />immediate written notice (with a copy to ENGINEER) stating the reasons for such action. <br />Substantial Completion: <br />14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall <br />notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for <br />items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a <br />certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR <br />and ENGINEER. shall make an inspection of the Work to determine the status of completion. If <br />ENGINEER does not consider the Work substantially complete, ENGINEER will notify <br />CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work <br />substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of <br />Substantial Completion which shall fix the bate of Substantial Completion, There shall be attached <br />to the certificate a tentative lis¢ of items to be completed or corrected before final payment. OWNER <br />shall have seven (7) days alter receipt of the tentative certificate during which to make written <br />objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering <br />such objections, ENGINEER concludesthat the Work is not substantially complete, ENGINEER will <br />within fourteen (14) days after submission of the tentative certificate to OWNER notify <br />CONTRACTOR in writing, stating the reasons therefor. If after consideration of OWNER's <br />objections, ENGINEER considers the Work substantially complete, ENGINEER will within said <br />fourteen 04) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of <br />Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting <br />such changes from the tentative certificate as ENGINEER believes justified after consideration of any <br />objections from OWNER. At the time of delivery of the tentative certificate of Substantial <br />Completion, ENGINEERwilldeliver to OWNER and CONTRACTOR a written recommendation as <br />to division of responsibilities ,pending final payment between OWNER and CONTRACTOR with <br />respect to security, operation, safety, nnaintenannce, heat, utilities insurance and warranties. Unless <br />OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to <br />ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid <br />recommendations will be binding on OWNER and CONTRACTOR until final payment. <br />GENERAL COND111ONS <br />GC - 31 <br />I <br />
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