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and staf4 up plus intffo& * Contractor, as provided-for set forth in the Contfaet Doeuments . Florida Prompt Payment
<br /> Act, Florida Statutes section 218 . 70. et. sea .
<br /> § 9 .8 SUBSTANTIAL COMPLETION
<br /> § 9 .8. 1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br /> is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br /> Work for its intended use .
<br /> § 9 .8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br /> separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br /> items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Documents .
<br /> § 9.8.3 Upon receipt of the Contractor' s list, the Architect will make an inspection to determine whether the Work or
<br /> designated portion thereof is substantially complete . If the Architect ' s inspection discloses any item, whether or not
<br /> included on the Contractor' s list, which is not sufficiently complete in accordance with the Contract Documents so
<br /> that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
<br /> shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
<br /> by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
<br /> determine Substantial Completion .
<br /> § 9 .8 .4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
<br /> Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish
<br /> responsibilities of the Owner and Contractor for security, maintenance, heat, utilities , damage to the Work and
<br /> insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
<br /> Certificate . Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br /> of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion .
<br /> § 9.8 .5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> acceptance of responsibilities assigned to them in such Certificate . Upon such acceptance and consent of surety, if
<br /> any, the Owner shall make payment 4F reduce the retainage
<br /> withheld, if and as provided elsewhere in the Contract Documents . Such payment shall be adjusted for Work that is
<br /> incomplete or not in accordance with the requirements of the Contract Documents.
<br /> § 9 .9 PARTIAL OCCUPANCY OR USE
<br /> § 9.9. 1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br /> such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
<br /> to by the insurer as required under Section 11 .4 . 1 . 5 and authorized by public authorities having jurisdiction over the
<br /> Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
<br /> the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
<br /> retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
<br /> writing concerning the period for correction of the Work and commencement of warranties required by the Contract
<br /> Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
<br /> submit a list to the Architect as provided under Section 9 . 8 . 2 . Consent of the Contractor to partial occupancy or use
<br /> shall not be unreasonably withheld . The stage of the progress of the Work shall be determined by written agreement
<br /> between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
<br /> § 9 .9 .2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
<br /> the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
<br /> Work.
<br /> § 9.9 .3 Unless otherwise agreed upett-,-upon in writing si ng ed by the Owner and the Contractor, partial occupancy or
<br /> use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the
<br /> requirements of the Contract Documents .
<br /> § 9. 10 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 9. 10. 1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of
<br /> a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the
<br /> AIA Document A201 TM — 1997. Copyright © 1911 , 19159 1918, 1925, 1937, 1951 , 1958, 1961 , 1963 , 1966, 1970, 1976 , 1987 and 1997 by
<br />The American
<br /> Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. 31
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<br /> No. 1 0001 92296_1 which expires on 8/8/2006, and is not for resale.
<br /> User Notes: (726890250)
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