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9 . 9 . 3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
<br /> Work shall not constitute acceptance of Work not complying with the requirements of the
<br /> 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
<br /> acceptance and upon receipt of a final Application for Payment, the Architect will promptly
<br /> make such inspection and, when the Architect finds the Work acceptable under the Contract
<br /> Documents and the Contract fully performed, the Architect will promptly issue a final
<br /> Certificate for Payment stating that to the best of the Architect's knowledge, information and
<br /> belief, and on the basis of the Architect's on-site visits and inspections, the Work has been
<br /> completed in accordance with terms and conditions of the Contract Documents and that the
<br /> entire balance found to be due the Contractor and noted in the final Certificate is due and
<br /> payable. The Architect's final Certificate for Payment will constitute a further representation
<br /> that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to THIS DOCUMENT HAS IMPORTANT LEGAL
<br /> final payment have been fulfilled. CONSEQUENCES. CONSULTATION WITH AN
<br /> ATTORNEY IS ENCOURAGED WITH
<br /> RESPECT TO ITS COMPLETION OR
<br /> 9 . 10. 2 Neither final payment nor any remaining retained percentage shall become due until MODIFICATION. AUTHENTICATION OF THIS
<br /> the Contractor submits to the Architect in form and substance satisfactory to the Owner. ELECTRONICALLY DRAFTED AIA
<br /> ( 1 ) an affidavit that payrolls, bills for materials and equipment, and other indebtedness DOCUMENT MAY BE
<br /> MADE BY USING AIA
<br /> connected with the Work for which the Owner or the Owner' s property might be responsible or DOCUMENT D401.
<br /> encumbered ( less amounts withheld by Owner) have been paid or otherwise satisfied, ( 2) a
<br /> certificate evidencing that insurance required by the Contract Documents to remain in force This document has been approved and
<br /> after final payment is currently in effect and will not be canceled or allowed to expire until at endorsed by The Associated General
<br /> least 3o days' prior written notice has been given to the Owner, ( 3) a written statement that the Contractors of America.
<br /> Contractor knows of no substantial reason that the insurance will not be renewable to cover the
<br /> period required by the Contract Documents, (4) consent of surety, if any, to final payment and
<br /> ( 5 ) , if required by the Owner, other data establishing payment or satisfaction of obligations,
<br /> such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising
<br /> out of the Contract, to the extent and in such form as may be designated by the Owner. If a
<br /> Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may
<br /> furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien
<br /> remains unsatisfied after payments are made, the Contractor shall promptly Day r-efis " d to the
<br /> Owner all money that the Owner may be compelled to pay in discharging such lien, including
<br /> all costs and reasonable attorneys' fees.
<br /> 9 . 10. 3 l-& -a#efSubstantial Gempletien -e€4hewefk , etien thereef is materia
<br /> delayed gk -Fie 4aall: -f4he Gentr-aEter -of * issuance -of ageQrAei:sagaefing -fii1a1 -
<br /> Eanpletien, -and 4he Ar-chiteEt -se eenfffms, 4he Owner mall; upon appkcatien * 4he -
<br /> Ge anter- -arid ce cfireatien -by -tieArEhit -aad Nvi#keut ming 4he Gemtr-aet, make -
<br /> payment of the balanEe-dae444hat pet4ien of theWer-k4u4yrzempleted-and accepted if the-
<br /> the Gentract ts, -a-tdi-f bends4xwe -Imett , the resent -of sure ty -te-
<br /> payment ef the ballance dive fer- that pertien ef the WeFk fiilly completed and accepted Sh.afl be
<br /> submitted -by 4he IGentraeter 4e 4he AFekiteEt -prier -te cei en -o -aEk -&aEh -
<br /> payment -skull -begrade under berms -a-td eenditiens geveming -ft" payment, 44-*at4t -
<br /> 9 . 10. 4 The making of final payment shall constitute a waiver of Claims by the Owner except ,o,
<br /> those arising from: .
<br /> . 1 liens, Claims, security interests or encumbrances arising out of the Contract and
<br /> unsettled;
<br /> . 2 failure of the Work to comply with the requirements of the Contract Documents; 01997 AIA®
<br /> or AIA DOCUMENT A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> O Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1 7, 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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