Common use of PUNCH LISTS Clause in Contracts

PUNCH LISTS. 1. Within fourteen (14) days following receipt of the CMR’s written notification of Substantial Completion (including a CMR’s Punch List, as set forth in Paragraph 11.6.A), the Owner’s Representative shall conduct an inspection of the Work and compile a comprehensive list of deficiencies and incomplete Work (i.e. Architect’s Punch List). The Owner’s Representative shall then issue a Consolidated Punch List incorporating the CMR’s and the Architect’s Punch Lists into a single list in a uniform format (“Consolidated Punch List”). 2. Following issuance of the Consolidated Punch List, the CMR shall have thirty (30) days to complete the Work contained thereon and to achieve Final Completion, unless otherwise specified in the Contract Documents. If the Work for which Final Completion is requested is not Finally Complete within the required period, it is understood and agreed by all parties that the CMR shall become liable to the Owner for Liquidated Damages as established by the Contract, which shall continue in effect until the applicable Final Completion has been achieved. 3. If the Owner has taken beneficial occupancy or has commenced use of any aspect of the Work prior to the date required for Substantial Completion of that portion of the Work, the Contractor shall notify the Owner in a timely manner when access to such occupied or in use space or facilities is required, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the use thereof by the Owner. Until the date required for Substantial Completion of any portion of the Work occupied or used by Owner, any impact upon the Contract Period or the Contract Sum arising from such occupancy or use shall be governed by the claims submittal procedures and requirements of the Contract Documents. If the Owner takes or continues occupancy or commences or continues use of any aspect of the Work after the date required for Substantial Completion, and the Contractor requires access to the occupied or in use space or facility prior to achieving Substantial Completion, the Contractor shall notify the Owner in a timely manner, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the Owner’s use thereof. Should the Contractor access to such spaces or facilities to perform any portion of the Work, including but not limited to Punch List item repairs, require the temporary removal of furniture or other items and furnishings put in place by the Owner, the Contractor shall its own cost and effort, protect any and all furniture or other items that will not be moved and timely remove and reinstall all Owner furnishings and furniture or other items within the affected spaces to their original location and condition. Contractor shall be responsible for any damage done to the Work in place, to the furniture or to other items in such event. If for any reason the Owner moves the furniture or other items and reinstalls them as noted above, all associated costs for time, material and labor shall be charged to the Contractor plus an administrative fee of 10%. 4. Except with the consent of the Owner, the Owner’s Representative shall perform no more than two Substantial Completion inspections for any designated portion of the Work or for the entirety of the Work. Should more than two Substantial Completion inspections be required, the CMR shall pay the Owner any amounts paid by the Owner to the Owner’s Representative and other third party consultants for any additional inspections. 5. Should the CMR fail to complete or correct any item on the Consolidated Punch List within the required period, the Owner may, at any time thereafter, complete one or more items on the list with its own forces or with such other Contractors as it deems advisable and recover from the CMR the cost for performing such work plus a markup of ten percent (10%) to cover administrative costs. This right of completion shall be in addition to, and not in lieu of, any remedy otherwise provided by the Contract Documents. All such completed Work shall be subject to the Warranty provisions of the Contract Documents.

PUNCH LISTS. 1. Within fourteen (14) days following receipt of the CMR’s written notification of Substantial Completion (including a CMR’s Punch List, as set forth in Paragraph 11.6.A), the Owner’s Representative shall conduct an inspection of the Work and compile a comprehensive list of deficiencies and incomplete Work (i.e. Architect’s Punch List). The Owner’s Representative shall then issue a Consolidated Punch List incorporating the CMR’s and the Architect’s Punch Lists into a single list in a uniform format (“Consolidated Punch List”). 2. Following issuance of the Consolidated Punch List, the CMR shall have thirty (30) days to complete the Work contained thereon and to achieve Final Completion, unless otherwise specified in the Contract Documents. If the Work for which Final Completion is requested is not Finally Complete within the required period, it is understood and agreed by all parties that the CMR shall become liable to the Owner for Liquidated Damages as established by the Contract, which shall continue in effect until the applicable Final Completion has been achieved. 3. If the Owner has taken beneficial occupancy or has commenced use of any aspect of the Work prior to the date required for Substantial Completion of that portion of the Work, the Contractor shall notify the Owner in a timely manner when access to such occupied or in use space or facilities is required, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the use thereof by the Owner. Until the date required for Substantial Completion of any portion of the Work occupied or used by Owner, any impact upon the Contract Period or the Contract Sum arising from such occupancy or use shall be governed by the claims submittal procedures and requirements of the Contract Documents. If the Owner takes or continues occupancy or commences or continues use of any aspect of the Work after the date required for Substantial Completion, and the Contractor requires access to the occupied or in use space or facility prior to achieving Substantial Completion, the Contractor shall notify the Owner in a timely manner, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the Owner’s use thereof. Should the Contractor access to such spaces or facilities to perform any portion of the Work, including but not limited to Punch List item repairs, require the temporary removal of furniture or other items and furnishings put in place by the Owner, the Contractor shall its own cost and effort, protect any and all furniture or other items that will not be moved and timely remove and reinstall all Owner furnishings and furniture or other items within the affected spaces to their original location and condition. Contractor shall be responsible for any damage done to the Work in place, to the furniture or to other items in such event. If for any reason the Owner moves the furniture or other items and reinstalls them as noted above, all associated costs for time, material and labor shall be charged to the Contractor plus an administrative fee of 10%. 4. Except with the consent of the Owner, the Owner’s Representative shall perform no more than two Substantial Completion inspections for any designated portion of the Work or for the entirety of the Work. Should more than two Substantial Substantia l Completion inspections be required, the CMR shall pay the Owner any amounts paid by the Owner to the Owner’s Representative and other third party consultants for any additional inspections. 5. Should the CMR fail to complete or correct any item on the Consolidated Punch List within the required period, the Owner may, at any time thereafter, complete one or more items on the list with its own forces or with such other Contractors as it deems advisable and recover from the CMR the cost for performing such work plus a markup of ten percent (10%) to cover administrative costs. This right of completion shall be in addition to, and not in lieu of, any remedy otherwise provided by the Contract Documents. All such completed Work shall be subject to the Warranty provisions of the Contract Documents.

PUNCH LISTS. 1. Within fourteen (14) days following receipt of the CMR’s written notification of Substantial Completion (including a CMR’s Punch List, as set forth in Paragraph 11.6.A), the Owner’s Representative shall conduct an inspection of the Work and compile a comprehensive list of deficiencies and incomplete Work (i.e. Architect’s Punch List). The Owner’s Representative shall then issue a Consolidated Punch List incorporating the CMR’s and the Architect’s Punch Lists into a single list in a uniform format (“Consolidated Punch List”). 2. Following issuance of the Consolidated Punch List, the CMR shall have thirty (30) days to complete the Work contained thereon and to achieve Final Completion, unless otherwise specified in the Contract Documents. If the Work for which Final Completion is requested is not Finally Complete within the required period, it is understood and agreed by all parties that the CMR shall become liable to the Owner for Liquidated Damages as established by the Contract, which shall continue in effect until the applicable Final Completion has been achieved. 3. If the Owner has taken beneficial occupancy or has commenced use of any aspect of the Work prior to the date required for Substantial Completion of that portion of the Work, the Contractor shall notify the Owner in a timely manner when access to such occupied or in use space or facilities is required, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the use thereof by the Owner. Until the date required for Substantial Completion of any portion of the Work occupied or used by Owner, any impact upon the Contract Period or the Contract Sum arising from such occupancy or use shall be governed by the claims submittal procedures and requirements of the Contract Documents. If the Owner takes or continues occupancy or commences or continues use of any aspect of the Work after the date required for Substantial Completion, and the Contractor requires access to the occupied or in use space or facility prior to achieving Substantial Completion, the Contractor shall notify the Owner in a timely manner, obtain Owner’s approval to, and coordinate access to, the spaces or facilities without disrupting the Owner’s use thereof. Should the Contractor access to such spaces or facilities to perform any portion of the Work, including but not limited to Punch List item repairs, require the temporary removal of furniture or other items and furnishings put in place by the Owner, the Contractor shall its own cost and effort, protect any and all furniture or other items that will not be moved and timely remove and reinstall all Owner furnishings and furniture or other items within the affected spaces to their original location and condition. Contractor shall be responsible for any damage done to the Work in place, to the furniture or to other items in such event. If for any reason the Owner moves the furniture or other items and reinstalls them as noted above, all associated costs for time, material and labor shall be charged to the Contractor plus an administrative fee of 10%. 4. Except with the consent of the Owner, the Owner’s Representative shall perform no more than two Substantial Completion inspections for any designated portion of the Work or for the entirety of the Work. Should more than two Substantial Completion inspections be required, the CMR shall pay the Owner any amounts paid by the Owner to the Owner’s Representative and other third party consultants for any additional inspections. 54. Should the CMR fail to complete or correct any item on the Consolidated Punch List within the required period, the Owner may, at any time thereafter, complete one or more items on the list with its own forces or with such other Contractors as it deems advisable and recover from the CMR the cost for performing such work plus a markup of ten percent (10%) to cover administrative costs. This right of completion shall be in addition to, and not in lieu of, any remedy otherwise provided by the Contract Documents. All such completed Work shall be subject to the Warranty provisions of the Contract Documents.