9 . 8 . 1 Substantial Completion is the stage in the progress of the Work when the Work or
<br /> designated portion thereof is sufficiently complete in accordance with the Contract Documents
<br /> so that the Owner can occupy or utilize the Work for its intended use .
<br /> 9 . 8 . 2 When the Contractor considers that the Work, or a portion thereof which the Owner
<br /> agrees to accept separately, is substantially complete, the Contractor shall prepare and submit
<br /> to the Architect a comprehensive list of items to be completed or corrected prior to final
<br /> payment. Failure to include an item on such list does not alter the responsibility of the
<br /> 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
<br /> determine whether the Work or designated portion thereof is substantially complete. If the
<br /> Architect's inspection discloses any item, whether or not included on the Contractor's list,
<br /> which is not sufficiently complete in accordance with the Contract Documents so that the
<br /> Owner can occupy or utilize the Work or designated portion thereof for its intended use, the THIS DOCUMENT HAS IMPORTANT LEGAL
<br /> Contractor shall, before issuance of the Certificate of Substantial Completion, complete or CONSEQUENCES. CONSULTATION WITHAN
<br /> correct such item upon notification by the Architect. In such case, the Contractor shall then ATTORNEY IS ENCOURAGED WITH
<br /> submit a request for another inspection by the Architect to determine Substantial Completion. RESPECT TO ITS COMPLETION OR
<br /> MODIFICATION. AUTHENTICATION OF THIS
<br /> 9 . 8 . 4 When the Work or designated portion thereof is substantially complete, the Architect ELECTRONICALLY DRAFTED AIA
<br /> will prepare a Certificate of Substantial Completion which shall establish the date of Substantial DOCUMENT MAY BE MADE BY USING AIA
<br /> Completion, shall establish responsibilities of the Owner and Contractor for security, DOCUMENT D401.
<br /> maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
<br /> which the Contractor shall finish all items on the list accompanying the Certificate. Warranties This document has been approved and
<br /> required by the Contract Documents shall commence on the date of Substantial Completion of endorsed by The Associated General
<br /> the Work or designated portion thereof unless otherwise provided in the Certificate of Contractors of America.
<br /> Substantial Completion.
<br /> 9 . 8 . 5 The Certificate of Substantial Completion shall be submitted to the Owner and
<br /> Contractor for their written acceptance of responsibilities assigned to them in such Certificate .
<br /> Upon such acceptance and consent of surety, if any, the Owner shall reduce the retainage
<br /> withheld , if and as provided elsewhere in the Contract Documents . make payment -ef-
<br /> Such payment shall be adjusted
<br /> for Work that is incomplete or not in accordance with the requirements of the Contract
<br /> 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
<br /> Work at any stage when such portion is designated by separate agreement with the Contractor,
<br /> provided such occupancy or use is consented to by the insurer as required under Clause u.4.1.5
<br /> and authorized by public authorities having jurisdiction over the Work. Such partial occupancy
<br /> or use may commence whether or not the portion is substantially complete, provided the
<br /> Owner and Contractor have accepted in writing the responsibilities assigned to each of them
<br /> for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and
<br /> insurance, and have agreed in writing concerning the period for correction of the Work and
<br /> commencement of warranties required by the Contract Documents. When the Contractor
<br /> considers a portion substantially complete, the Contractor shall prepare and submit a list to the
<br /> Architect as provided under Subparagraph 9. 8.2. Consent of the Contractor to partial
<br /> occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
<br /> shall be determined by written agreement between the Owner and Contractor or, if no V,
<br /> agreement is reached, by decision of the Architect. OW I
<br /> 9 . 9 . 2 Immediately prior to such partial occupancy or use, the Owner, Contractor and
<br /> Architect shall jointly inspect the area to be occupied or portion of the Work to be used in ® 1997 AIA®
<br /> order to determine and record the condition of the Work. AIA DOCUMENT A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The
<br /> CONTRACT FOR CONSTRUCTION
<br /> American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial
<br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of
<br /> Architects
<br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue,
<br /> N .W.
<br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292
<br /> with permission of the AIA and can be reproduced in accordance with your license without violation until
<br /> the date of expiration as noted below . expiration as noted below . expiration as noted below . user
<br /> Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252,
<br /> which expires on 12/31/2004 .
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