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requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER ' s interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR' s Warranty of Title : 14. 3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens . Review of Applications for Progress Payment : 14 .4 ENGINEER will, within ten ( 10) days after receipt of each application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, -or return the Application to CONTRACTOR indicating in writing ENGINEER' s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. The OWNER will pay progress payments to the CONTACTOR on the basis of the approved partial payment request in accordance with the provisions of the Florida Prompt Payment Act, Florida Statutes sections 218 . 70 et. seq. The OWNER reserves the right to decline to make payments to the CONTRACTOR for cause, whether or not the ENGINEER has certified the amount for payment. 14 . 5 ENGINEER' s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER' s on-site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER' s review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER' s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 . 10, and to any other qualifications stated in the recommendation) ; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14 . 6 ENGINEER' s recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR' s being entitled to final payment as set forth in paragraph 14. 13 have been fulfilled. 14 . 7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER' s opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER' s opinion to protect OWNER from loss because : 14 . 7 . 1 The Work is defective, or completed Work has been damaged requiring correction or replacement, GENERAL CONDITIONS GC23