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 and the Architect thereof in writing. Thereupon, the 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 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. If the 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 set forth hereinabove as liquidated damages 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 inexcusably 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for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all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 ten (10) days of the 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. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind.

Completion and Final Payment. 5.6.1 When (a) Final Payment (95% Billing). The following items must be completed before the Final Pay Application will be accepted for processing at Substantial Completion of the Project: A. Inspector Sign off; B. The Incomplete Punch Items list has been submitted to the District under Article 9.1(a) and the Project has been determined to be Substantially Complete under Article 2; C. Removal of temporary facilities and services; ▇. ▇▇▇▇▇▇▇, adjusting and balance records are complete; E. Removal of surplus materials, rubbish, and similar elements; F. Changeover of Door locks; G. Deductive items; and H. Completion and submission of all final Change Orders for the Project. (b) Final Inspection (Punch List Completion). CONTRACTOR shall comply with Punch List procedures under Article 9.1(a), and maintain the presence of Project Superintendent and Project Manager (not replacement project superintendent or project manager) until the Punch List is complete to ensure proper and timely completion of the Punch List. Under no circumstances shall CONTRACTOR demobilize its forces prior to completion of the Punch List. Upon completion of the Work is finally complete and under Article 9.1, the Contractor is ready for a final inspection, it CONTRACTOR shall notify the Owner DISTRICT and the Architect thereof in writing. ThereuponArchitect, the 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 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 Contractwho shall again inspect such Work. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the WorkDISTRICT finds the Work contained in Punch List acceptable under the Contract Documents and, therefore, the Contractor Work shall bear have reached Final Completion. Architect 1. Upon receipt and approval of Application for Retention Payment, the cost Architect shall issue a Form 6 stating that to the best of such repeat final inspection(s) which cost may be deducted by its knowledge, information, and belief, and on 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 basis of its observations, inspections, and all other data accumulated or received by the Architect in its Certificate connection with the Work, such Work has been completed in accordance with the Contract Documents. The DISTRICT shall thereupon inspect such Work and either accept the Work as complete or notify the Architect and the CONTRACTOR in writing of Substantial Completionreasons why the Work is not complete. Upon acceptance of the Work of the CONTRACTOR as fully complete (which, absent unusual circumstances, will occur when the Punch List items have been satisfactorily completed), the Contractor DISTRICT shall record a Notice of Completion with the County Recorder, and the CONTRACTOR shall, upon receipt of payment from the DISTRICT, pay the amounts due Subcontractors. If the Architect and the DISTRICT find that the Work Contained in the Punch List is unacceptable, then CONTRACTOR shall issue a valued Punch List within 5 days after the date the Punch List time ends. If CONTRACTOR does not issue such a list, the Owner or Architect may issue a valued Punch List to the sum CONTRACTOR and withhold up to 150% of the value of the Punch List Work. (c) Retainage (100% Billing for the Entire Project). The retainage, less any amounts disputed by the DISTRICT or which the DISTRICT has the right to withhold Pursuant to Article 4 (including but not limited to incomplete Punch List items under Article 9.1), shall be paid after approval by the DISTRICT of the Application for Retention Payment, after the satisfaction of the conditions set forth hereinabove in Article 9, the Final Inspection under Article 9.4(b) is completed, and after thirty-five (35) days after the acceptance of the Work and recording of the Notice of Completion by DISTRICT. No interest shall be paid on any retainage, or on any amounts withheld due to a failure of the CONTRACTOR to perform, in accordance with the terms and conditions of the Contract Documents, except as liquidated damages per day provided to the contrary in any Escrow Agreement between the DISTRICT and the CONTRACTOR. A. Procedures for Application for Retention Payment. The following conditions must be fulfilled prior to release of Retention Payment: i. A full and final waiver or release of all Stop Notices in connection with the Work shall be submitted by CONTRACTOR, including a release of Stop Notice in recordable form, together with (to the extent permitted by law) a copy of the full and final release of all Stop Notice rights. ii. CONTRACTOR shall have made all corrections, including all Punch List Items, to the Work which are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of DISTRICT required under the Contract Documents. iii. Each Subcontractor shall have delivered to the CONTRACTOR all written guarantees, warranties, applications, releases from the Surety and warranty bonds (if applicable) required by the Contract Documents for its portion of the Work. iv. CONTRACTOR must have completed all requirements set forth in Article 9. v. CONTRACTOR must have issued a Form 6-C for the Project. vi. CONTRACTOR shall have delivered to the DISTRICT all manuals and materials required by the Contract Documents. vii. CONTRACTOR shall have completed final clean up. viii. CONTRACTOR shall have all deductive items under Article 4 as part of the Retention Payment. (d) Recording of a Notice of Completion After Punch List Period and Final Inspection. When the Work, or designated portion thereof, is complete or the DISTRICT has completed the Article 4 process, the DISTRICT will file either a Notice of Completion or a Notice of Completion noting Valued Punch List items. Valued Punch List items will be deducted from the Retention Payment. During the time when Work is being performed on the Punch List, the Project does not meet the definition of “Complete” under Public Contract Code Section 7107(c)(1) even if there is “beneficial occupancy” of the Project since that has been no “cessation of labor” on the Project. Completion of Punch List under this Article is not “testing, startup, or commissioning by the public entity or its agent.” In other words, the continuing Punch List Work is CONTRACTOR labor on the Project until each and every calendar day item 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 Punch List Work is complete or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably 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 damagesperiods under Article 9.1 have expired. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect 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 ten (10) days of the 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. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind.

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 the Construction Manager shall notify the Owner City and the Project Architect thereof in writing. Thereupon, the City and Project 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 Project Architect will promptly issue a final Certificate for Payment certifying to the Owner City that the Project is complete and the Contractor Construction Manager is entitled to the remainder of the unpaid Contract PricePrice (including retainage and the interest accrued on the retainage in excess of five (5) percent), plus an early completion bonus, if any, less any amount withheld pursuant to this Contract. If the Project Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor Construction Manager shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner City from the ContractorConstruction Manager's final payment. 5.6.1.1 5.6.2 If the Contractor Construction Manager fails to achieve final completion Final Completion within the time fixed therefor by the Project Architect in its Certificate of Substantial Completion, the Contractor Construction Manager shall pay the Owner City (or the City may, at its option withhold from final payment) the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion Final Completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor Construction Manager shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the OwnerCity, estimated at or before the time of executing this Contract. When the Owner City reasonably believes that final completion will be inexcusably delayed, the Owner City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor Construction Manager an amount then believed by the Owner City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor Construction Manager overcomes the delay in achieving final completion, or any part thereof, for which the Owner City has withheld payment, the Owner City shall promptly release to the Contractor Construction Manager those funds withheld, but no longer applicable, as liquidated damages. Liquidated damages shall be deducted first from any earned early completion bonus, then from any sums otherwise due to the Construction Manager. 5.6.2 5.6.3 The Contractor Construction Manager shall not be entitled to final payment unless and until it submits to the Project Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the OwnerCity, or the OwnerCity'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 Project Architect or the OwnerCity; 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 OwnerCity, the Contractor Construction Manager shall furnish a bond satisfactory to the Owner City to discharge any such lien or indemnify the Owner City from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the 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. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind.

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 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 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 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 ’s final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor therefore by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages of $1,000 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 inexcusably 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 ’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 ten thirty (1030) days of the Architect's ’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. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind.

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 the ▇▇▇▇ shall notify the Owner City and the Project Architect thereof in writing. Thereupon, the City and Project 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 Project Architect will promptly issue a final Certificate for Payment certifying to the Owner City that the Project is complete and the Contractor ▇▇▇▇ is entitled to the remainder of the unpaid Contract PricePrice (including retainage and the interest accrued on the retainage in excess of five (5) percent), plus an early completion bonus, if any, less any amount withheld pursuant to this Contract. If the Project 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 City from the Contractor's ▇▇▇▇'▇ final payment. 5.6.1.1 5.6.2 If the Contractor ▇▇▇▇ fails to achieve final completion Final Completion within the time fixed therefor by the Project Architect in its Certificate of Substantial Completion, the Contractor ▇▇▇▇ shall pay the Owner City (or the City may, at its option withhold from final payment) the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion 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 OwnerCity, estimated at or before the time of executing this Contract. When the Owner City reasonably believes that final completion will be inexcusably delayed, the Owner City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor ▇▇▇▇ an amount then believed by the Owner City 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 City has withheld payment, the Owner City shall promptly release to the Contractor ▇▇▇▇ those funds withheld, but no longer applicable, as liquidated damages. Liquidated damages shall be deducted first from any earned early completion bonus, then from any sums otherwise due to the ▇▇▇▇. 5.6.2 5.6.3 The Contractor ▇▇▇▇ shall not be entitled to final payment unless and until it submits to the Project Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the OwnerCity, or the OwnerCity'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 Project Architect or the OwnerCity; 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 OwnerCity, the Contractor ▇▇▇▇ shall furnish a bond satisfactory to the Owner City to discharge any such lien or indemnify the Owner City from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the 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. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind.