Common use of Completion and Final Payment Clause in Contracts

Completion and Final Payment. 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner thereof in writing. Thereupon, the Owner will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Owner’s representative will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. If the Owner’s representative is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Owner all documents required by the Contract, including, but not limited to, its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within thirty (30) days of the Owner’s representative’s execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment.

Completion and Final Payment. 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Owner Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Owner’s representative Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. If the Owner’s representative Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum of $500.00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be unexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect and Owner all documents required by the Contract, including, but not limited to, its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within thirty (30) days of the Owner’s representative’s Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment.

Completion and Final Payment. 5.6.1 When all A. Upon completion of the Work is finally complete and Work, Construction Manager shall file a request for final payment ("Final Application for Payment"). Upon the Contractor is ready receipt of Construction Manager's Final Application for Payment, Owner shall promptly make a final inspection, it and if Owner finds the Work acceptable and complete in strict accordance with the Contract Documents, Owner shall notify promptly pay Construction Manager the Owner thereof in writingContract Sum (as adjusted by any Changes of Contract and Change Directives issued pursuant to Paragraph 17 hereof) less all prior payments to or for the account of the Contract to the Construction Manager as final payment ("Final Payment"). ThereuponFinal Payment shall be conditioned upon, and shall not be due until satisfaction of, all of the Owner will make final inspection following items: (1) Full performance by Construction Manager of all Contract terms and its compliance with all requirements of the Contract Documents, including without limitation all reporting and certifications required by the MBE/LBE Agreement and to evidence compliance with the Prevailing Wage Schedule and all applicable permits and approvals; (2) Acceptance of the Work by Architect; (3) Resolution of all outstanding Changes of Contract; (4) Completion of all items specified in the Final Punchlist; (5) Delivery to Owner of all documentation required in Paragraph 27C, including, without limitation, original, signed, Final Waivers of Lien (Exhibit 4), conditional only upon Construction Manager's receipt of Final Payment as requested in the application, from Construction Manager, all Subcontractors and Suppliers, and all Sub Subcontractors. The Construction Manager agrees that it shall, within seven (7) days after receipt of final payment from the Owner, submit final and unconditional lien waivers and releases from all persons identified in this subsection. (The Owner agrees that the provisions of Paragraph 13.1 of the Agreement shall apply to the payment of undisputed amounts prior to the time of Final Payment.); (6) Releases conditional only upon Construction Manager's receipt of final payment as requested in the application, of all liens or other claims filed against Owner or Owner by the Construction Manager, any Subcontractors or any Sub Subcontractors (which releases shall be evidenced by final waivers and releases, properly recorded releases of liens, other documentation acceptable to Owner or lien and/or title searches conducted by Owner). Construction Manager agrees that it shall, within seven (7) days after receipt of final payment of the Owner, submit final and unconditional waivers and releases from all persons identified in this subsection. (The Owner agrees that the provisions of Paragraph 13.1 of the Agreement shall apply to the payment of undisputed amounts prior to the time of Final Payment.); (7) Delivery to Owner of all warranties, and guarantees and all instruction, operation and maintenance manuals as required pursuant to Paragraph 30 below, all permanent permits, licenses and certificates necessary for the intended operation of the facility and the As-Built Drawings, as required pursuant to Paragraph 33 below; and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed (8) If applicable, the Owner’s representative will promptly issue a final Certificate for written consent to Final Payment certifying by Construction Manager's surety. B. From time to time, as the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. If the Owner’s representative is unable to issue its final Certificate for Payment and is required to repeat its final inspection Construction Manager completes portions of the Work, Owner shall have the Contractor right, upon giving the Construction Manager prior written notice, to accept any portion of the Work that Owner desire to use and occupy. Such partial acceptance shall bear be made in writing and thereafter the Construction Manager shall have no further obligation with respect to the Work accepted, except to correct the Work subsequently found to have been improperly done or to replace defective materials or equipment, or to perform Work pursuant to Paragraph 30 hereof. Notwithstanding anything contained herein to the contrary, all guarantees and warranties arising pursuant to Paragraph 30 hereof shall run from the time of Substantial Completion of the entire Work, and not from the time of any partial acceptance which occurs pursuant to this Paragraph 29B. The Owner agrees that the cost of such repeat final inspection(s) which cost may obtaining any guarantees or warranties necessary to satisfy the requirements of this paragraph shall be deducted by included in the Owner from Cost of the Contractor's final paymentWork, subject to the GMP (or Separate GMP, as applicable). 5.6.2 C. The Contractor making of Final Payment shall not be entitled to final payment unless and until it submits to the Owner all documents required by the Contract, including, but not limited to, its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide constitute a release of claim or waiver of lien as required all claims by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 D. The Owner shall make final payment acceptance by Construction Manager of all sums due the Contractor within thirty (30) days of the Owner’s representative’s execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment Final Payment shall constitute a waiver of all claims against or causes of action of any nature, whether known or unknown, by the Construction Manager relating directly or indirectly to this Contract and to the Work performed hereunder, except and only for claims or causes of action that the Owner by the Contractor except for those claims previously made expressly agrees in writing against (prior to making final payment) to leave open notwithstanding final payment. (The Owner agrees that the Owner by provisions of Paragraph 13.1 of the Contractor, pending at Agreement shall apply to the payment of undisputed amounts prior to the time of final payment, and identified in writing Final Payment.) The Owner agrees to make payment of any amounts that are not contested by the Contractor as unsettled at Owner and/or not subject to reduction or set off by Owner pursuant to the time terms of its request for final paymentthis Contract, notwithstanding the existence of other disputes that affect, in the Owner's reasonable judgment, the remaining amounts due to the Construction Manager.

Completion and Final Payment. 5.6.1 When all A. Upon receipt of written notice from Contractor that the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner thereof in writing. Thereupon, the Owner will make final inspection of the Work andor review and acceptance, if Company shall have its designated representative make such inspection. If Company's designated representative finds that the Work is complete in full accordance with acceptable, the lien waivers and evidence required under Section B below have been submitted, and all obligations of Contractor have been paid, a final certificate shall be issued and signed stating that the Work under this Contract and this Contract Agreement has been fully performedcompleted and is accepted, the Owner’s representative will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor entire balance as set forth in such final certificate is entitled to due Contractor. Issuance of such final certificate shall not waive any rights of Company under the remainder Agreement or release any liability of Contractor. B. Before issuance of the unpaid Contract Pricefinal certificate, less any amount withheld pursuant to this Contract. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. If the Owner’s representative is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.2 The Contractor shall not be entitled submit evidence satisfactory to final payment unless and until it submits to the Owner all documents required by the Contract, including, but not limited to, its affidavit Company that all payrolls, invoices for materials materials, bills, sales and equipment, payroll taxes and other liabilities amounts connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases paid, and no payment for the balance due shall be made by Company until such evidence has been submitted and waivers of lien from all Subcontractors have been furnished Company. C. When the Work has been completely performed, Contractor shall submit a final invoice to Company showing the total price of the Work and the total of all amounts previously paid to Contractor and of any under this Agreement. The difference between the total price and all other parties required by the Owner; consent of Surety, if any, amounts previously paid to Contractor shall be paid to Contractor as a final payment, subject to Contractor providing appropriate lien waivers. If any third party fails or refuses to provide The final invoice shall be accompanied by a release and certificate of claim final payment on Company’s form. D. Company may, at its discretion, accept in writing portions of the Work without the release or waiver of lien any of its rights under the terms and conditions of this Agreement. Contractor's obligations shall remain the same as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within thirty (30) days if no partial acceptance of the Owner’s representative’s execution of a final Certificate for PaymentWork had been made by Company. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment.

Completion and Final Payment. 5.6.1 5.4.1 When all of the Work work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner thereof in writing. Thereupon, the Owner will make final inspection of the Work work and, if the Work work is complete in full accordance with this Contract and this Contract has been fully performed, the Owner’s representative Owner will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. If the Owner’s representative is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.2 5.4.2 The Contractor shall not be entitled to final payment unless and until it submits to the Owner all documents required by the Contract, including, but not limited to, Procurement Department its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Engineer or the Owner; consent of Surety, if any, Surety to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 5.4.3 The Owner shall make final payment of all sums due the Contractor within thirty ten (3010) days of the Owner’s representative’s Engineer's execution of a final Certificate for Payment. 5.6.4 5.4.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor contractor as unsettled at the time of its request for final payment. 5.4.5 Payment shall be made at the unit rates as set out in the Bid Schedule submitted by the Contractor for the Work for the quantities actually installed into the Work except as follows: (a) There are no exceptions.