Common use of Final Payment and Acceptance Clause in Contracts

Final Payment and Acceptance. 12.6.1. If the Professional is satisfied that the Work, or a part of the Work for which separate final payment is specified in the Contract Documents, has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Professional will, within thirty (30) Calendar Days after receipt of the final payment request, furnish to the Owner and Contractor the Professional's certification of final payment and acceptance. If the Professional is not satisfied, the Professional will return that request to the Contractor, indicating in writing the reasons for not certifying final payment, in which case the Contractor shall make the necessary corrections and request that final payment again be considered. 12.6.2. If the Owner concurs with the Professional's certification of final payment, the Owner will, within thirty (30) Calendar Days after receipt by the Owner of the Professional's certified recommendation of final acceptance, pay the balance of the Contract Price, subject to those provisions governing final payment specified in the Contract Documents. If the Owner does not concur with the Professional's determination, the Owner will return the request for final payment to the Contractor indicating in writing the reasons for refusing final payment and acceptance. In that case, the Contractor shall make the necessary corrections and shall request that final payment be again considered by the Owner. The Owner's written determination will be binding upon the Contractor, unless the Contractor delivers a notice of a claim and a claim Submittal within the deadlines set forth in Article 15. 12.6.3. If final completion of the Work is significantly delayed through no fault of the Contractor, the Owner may, upon receipt of the Contractor's final Request for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. Payment of the balance due shall be made under the provisions for final payment, but shall not constitute a waiver of claims. 12.6.4. The Owner shall pay with reasonable promptness any amounts deducted from the final payment, upon resolution of the claims justifying withholding of such monies.

Final Payment and Acceptance. 12.6.1. If 5.11.1 If, on the Professional basis of ENGINEER'S observation of the WORK during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying documentation, ENGINEER is satisfied that the Work, or a part of the Work for which separate final payment is specified in the Contract Documents, WORK has been completed and the ContractorCONTRACTOR's other obligations under the Contract Documents have been fulfilled, the Professional ENGINEER will, within thirty ten (3010) Calendar Days days after receipt of the final payment requestApplication for Payment, furnish to the Owner and Contractor the Professionalindicate in writing ENGINEER's certification recommendation of final payment and acceptancepresent the Application to CITY for payment. If Thereupon, ENGINEER will give written notice to CITY and CONTRACTOR that the Professional WORK is not satisfiedacceptable. Otherwise, the Professional ENGINEER will return that request the Application to the ContractorCONTRACTOR, indicating in writing the reasons for not certifying refusing to recommend final payment, in which case the Contractor CONTRACTOR shall make the necessary corrections and request that final payment again be considered. 12.6.2resubmit the Application. If the Owner concurs with the Professional's certification of final payment, the Owner will, within thirty Thirty (30) Calendar Days days after receipt by the Owner presentation to CITY of the Professional's certified Application and accompanying documentation, in appropriate form and substance, and with ENGINEER'S recommendation and notice of final acceptance, pay the balance of the Contract Price, subject to those provisions governing final payment specified in the Contract Documents. If the Owner does not concur with the Professional's determinationacceptability, the Owner amount recommended by ENGINEER will return the request for final payment to the Contractor indicating in writing the reasons for refusing final payment become due and acceptance. In that case, the Contractor shall make the necessary corrections and shall request that final payment be again considered by the Owner. The Owner's written determination will be binding upon the Contractor, unless the Contractor delivers a notice of a claim and a claim Submittal within the deadlines set forth in Article 15paid by CITY to CONTRACTOR. 12.6.3. If 5.11.2 If, through no fault of CONTRACTOR, final completion of the Work WORK is significantly delayed through no fault of the Contractorand if ENGINEER so confirms, the Owner mayCITY shall, upon receipt of the Contractor's CONTRACTOR'S final Request Application for PaymentPayment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work WORK fully completed and accepted. Payment If the remaining balance to be held by CITY for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the provisions for terms and conditions governing final payment, but except that it shall not constitute a waiver of claims. 12.6.45.11.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the CITY to the CONTRACTOR when the WORK has been completed, the Contract fully performed, and a final certificate for payment has been issued by the ENGINEER. The Owner making of final payment shall pay with reasonable promptness any amounts deducted from the final paymentconstitute a waiver of claims by CITY except those arising from: (1) Liens, upon resolution claims, security interests or encumbrances arising out of this Agreement and unsettled. (2) Faulty or defective WORK and latent defects discovered after acceptance. (3) Failure of the WORK to comply with the requirements of the Contract Documents. (4) Terms of special warranties required by the Contract Documents. (5) Any of CONTRACTOR's continuing obligations under this Agreement. The acceptance of final payment by CONTRACTOR or the subcontractor for materials and supplies shall constitute a waiver of claims justifying withholding by that payee except those previously made in writing and identified by payee as unsettled at the time of such moniesfinal application for payment.

Final Payment and Acceptance. 12.6.1. If 15.9.1 If, on the basis of the Professional’s observation of the Work during construction and final inspection, and the Professional’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the Professional is satisfied that the Work, or a part of the Work for which separate final payment is specified in the Contract Documents, has been completed and the Contractor's ’s other obligations under the Contract Documents have been fulfilled, the Professional will, within thirty ten (3010) Calendar Days working days after receipt of the final Application for Payment, indicate in writing the Professional’s recommendation of payment request, furnish and present the Application to the Owner and Contractor City for payment. At the Professional's certification of final payment and acceptance. If same time the Professional will also give written notice to the City and the Contractor that the Work is not satisfiedacceptable subject to the provisions of 15.10. Otherwise, the Professional will return that request the application to the Contractor, indicating in writing the reasons for not certifying refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and request that final payment again be considered. 12.6.2resubmit the Application. If After the Owner concurs presentation to the City of the application and accompanying documentation, in appropriate form and substance and with the Professional's certification ’s recommendation and notice of final paymentacceptability, the Owner will, within thirty (30) Calendar Days after receipt amount recommended by the Owner of Professional will become due and will be paid by the Professional's certified recommendation of final acceptance, pay the balance of the Contract Price, subject to those provisions governing final payment specified in the Contract Documents. If the Owner does not concur with the Professional's determination, the Owner will return the request for final payment City to the Contractor indicating in writing the reasons for refusing final payment and acceptance. In that caseContractor. 15.9.2 If, the Contractor shall make the necessary corrections and shall request that final payment be again considered by the Owner. The Owner's written determination will be binding upon through no fault of the Contractor, unless the Contractor delivers a notice of a claim and a claim Submittal within the deadlines set forth in Article 15. 12.6.3. If final completion of the Work is significantly delayed through no fault of and if the ContractorProfessional so confirms, the Owner mayCity shall, upon receipt of the Contractor's ’s final Request Application for PaymentPayment and recommendation of the Professional, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. Payment If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 6, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Professional with the application for such payment. Such payment shall be made under the provisions for terms and conditions governing final payment, but except that it shall not constitute a waiver of claims. 12.6.4. 15.9.3 The Owner shall pay with reasonable promptness any amounts deducted from the final payment, upon resolution remainder of the claims justifying withholding Contract Price will be approved for payment upon final completion of such moniesthe work, acceptance of the work by the City, and settlement of all claims.