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3. By recommending any such payment ENGI- D . Reduction in Payment
<br /> NEER will not thereby be deemed to have represented
<br /> that: (i ) inspections made to check the quality or the 1 . OWNER may refuse to make payment of the full
<br /> quantity of the Work as it has been performed have amount recommended by ENGINEER because:
<br /> been exhaustive, extended to every aspect of the Work
<br /> in progress, or involved detailed inspections of the Work a . claims have been made against OWNER on
<br /> beyond the responsibilities specifically assigned to account of CONTRACTOR's performance or fur-
<br /> ENGINEER in the Contract Documents ; or (ii ) that there nishing of the Work;
<br /> may not be other matters or issues between the parties
<br /> that might entitle CONTRACTOR to be paid additionally b, Liens have been filed in connection with the
<br /> by OWNER or entitle OWNER to withhold payment to Work, except where CONTRACTOR has delivered
<br /> CONTRACTOR. a specific Bond satisfactory to OWNER to secure
<br /> 4 . Neither ENGINEER'S review of the satisfaction and discharge of such Liens ;
<br /> CONTRACTOR's Work for the purposes of recom- c. there are other Items entitling OWNER to a
<br /> mending payments nor ENGINEER's recommendation set-off against the amount recommended ; or
<br /> of any payment, Including final payment, will impose
<br /> responsibility on ENGINEER to supervise, direct, or d . OWNER has actual knowledge of the occur-
<br /> control the Work or for the means, methods, rence of any of the events enumerated in para-
<br /> techniques , sequences, or procedures of construction, graphs 14.02. B. 5, a through 14.02.B. 5.c or para-
<br /> or the safety precautions and programs incident thereto, graph 15.02,A,
<br /> or for CONTRACTOR's failure to comply with Laws and
<br /> Regulations applicable to CONTRACTOR's 2. If OWNER refuses to make payment of the full
<br /> performance of the Work. Additionally, said review or amount recommended by ENGINEER, OWNER must
<br /> recommendation will not impose responsibility on €NGI- give CONTRACTOR Immediate written notice (with a
<br /> NEER to make any examination to ascertain how or for copy to ENGINEER) stating the reasons for such action
<br /> what purposes CONTRACTOR has used the moneys and promptly pay CONTRACTOR any amount
<br /> paid on account of the Contract Price, or to determine remaining after deduction of the amount so withheld,
<br /> that title to any of the Work, materials, or equipment has OWNER shall promptly pay CONTRACTOR the amount
<br /> passed to OWNER free and clear of any Liens . so withheld , or any adjustment thereto agreed to by
<br /> OWNER and CONTRACTOR, when CONTRACTOR
<br /> 5. ENGINEER may refuse to recommend the whole corrects to OWNER's satisfaction the reasons for such
<br /> or any part of any payment if, in ENGINEER's opinion, it action.
<br /> would be incorrect to make the representations to
<br /> OWNER referred to in paragraph 14,02. 13.2. ENGI- 3. If it is subsequently determined that OWNER's
<br /> NEER may also refuse to recommend any such pay- refusal of payment was not justified , the amount
<br /> ment or, because of subsequently discovered evidence wrongfully withheld shall be treated as an amount due
<br /> or the results of subsequent inspections or tests, revise as determined by paragraph 14. 02. C. 1 .
<br /> or revoke any such payment recommendation
<br /> previously made, to such extent as may be necessary in 14.03 CONTRACTOR's Warranty of Titleftc In "14. 03
<br /> ENGINEER's opinion to protect OWNER from loss CONTRACTOR's Warranty of Title 's
<br /> because:
<br /> A, CONTRACTOR warrants and guarantees that title to
<br /> a . the Work is defective, or completed Worts all Work, materials , and equipment covered by any Application
<br /> has been damaged , requiring correction or replace- for Payment, whether incorporated In the Project or not, will
<br /> ment; pass to OWNER no later than the time of payment free and
<br /> clear of all Liens .
<br /> b. the Contract Price has been reduced by
<br /> Written Amendment or Change Orders ; 14.04 Substantial Completion(tc \n " 14. 04 Substantial
<br /> Completion")
<br /> c. OWNER has been required to correct
<br /> defective Work or complete Work in accordance A. When CONTRACTOR considers the entire Work
<br /> with paragraph 13. 09; or ready for its intended use CONTRACTOR shall notify OWNER
<br /> and ENGINEER in writing that the entire Work is substantially
<br /> d. ENGINEER has actual knowledge of the complete (except for items specifically listed by CONTRACTOR
<br /> occurrence of any of the events enumerated in as Incomplete) and request that ENGINEER issue a certificate
<br /> paragraph 15. 02.A. of Substantial Completion. Promptly thereafter, OWNER, CON-
<br /> TRACTOR, and ENGINEER shall make an inspection of the
<br /> C. Payment Becomes Due Worts to determine the status of completion, If ENGINEER
<br /> does not consider the Work substantially complete, ENGINEER
<br /> 1 . Ten days after presentation of the Application for will notify CONTRACTOR in writing giving the reasons
<br /> Payment to OWNER with ENGINEER's recommenda- therefore, If ENGINEER considers the Work substantially com-
<br /> tion, the amount recommended will (subject to the plete, ENGINEER will prepare and deliver to OWNER a tenta-
<br /> provisions of paragraph 14. 02 . D ) become due, and tive certificate of Substantial Completion which shall fix the
<br /> date
<br /> when due will be paid by OWNER to CONTRACTOR. of Substantial Completion . There shall be attached to the
<br /> certificate a tentative list of items to be completed or corrected
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