Common use of Conditions of Final Completion Clause in Contracts

Conditions of Final Completion. “Final Completion” will be achieved when each of the following conditions has been met:8 Project Substantial Completion has occurred; Contractor has completed performance of all of the Work, including all Punch List items, except for those items that Owner and Contractor agree are to be completed by Owner (and Contractor has paid all amounts due Owner in connection therewith); Owner has received a final list and summary of the work performed by all Subcontractors and verification of the payment thereof; Contractor has provided to Owner all Lien releases as required under Section 4.5 (provided that Contractor’s Final Lien Waiver and Release, in substantially the form of Exhibit O-3 attached hereto from Contractor and Subcontractor’s Final Lien Waiver and Release in the form of Exhibit O-4 attached hereto from each Major Subcontractor, shall be given concurrently with Final Completion and payment of amounts due by Owner in connection therewith); all documentation, including data points and redlines, as necessary to accurately reflect the Project as constructed in the As-Built Drawings shall have been delivered to, and accepted by, Owner; all sets of the final Operating Manuals and final Job Books have been delivered to Owner as required under Section 2.3.11; and Owner has confirmed or is deemed to have confirmed in writing that the conditions set forth hereinabove have occurred, pursuant to Section 6.5.2.