Requirements for Substantial Completion Clause Samples
The Requirements for Substantial Completion clause defines the conditions that must be met for a construction project or a specific portion of it to be considered substantially complete. Typically, this means the work is finished to the extent that the owner can occupy or use the project for its intended purpose, even if minor items (often called punch list items) remain to be completed or corrected. This clause is crucial because it establishes a clear milestone for shifting responsibilities, such as insurance and maintenance, from the contractor to the owner, and often triggers important contractual events like final payment or the start of warranty periods.
POPULAR SAMPLE Copied 1 times
Requirements for Substantial Completion. The Work (or a designated portion thereof) shall be deemed Substantially Completed on the date when all of the following events or conditions shall have occurred:
11.5.1 Owner may use and occupy the Project or, if requested by Owner, portions thereof without interference for all of its intended purposes under this Agreement;
11.5.2 only Punchlist items, if any, remain incomplete, provided said Punchlist items, in Owner’s judgment, do not interfere with Owner’s use and occupancy;
11.5.3 Architect shall have issued a Certificate of Substantial Completion; and
11.5.4 Issuance of a Temporary Certificate of Occupancy.
Requirements for Substantial Completion. Substantial Completion of the required Work shall occur when, in the sole determination of the Director, all of the conditions set forth below have been satisfied.
(a) Construction Manager has obtained and delivered to the Director: (1) each required written approval of every agency having jurisdiction over the work, including without limitation, the City of New York Department of Buildings, the Fire Department and the Department of Environmental Protection; and
Requirements for Substantial Completion. The Design Consultant and the Authority shall determine the date that the Contractor achieves Substantial Completion for the Project. In order to achieve Substantial Completion, the Contractor must have achieved the following on the Project: (i) all essential requirements of the Contract Documents have been performed so that the purpose of the Contract Documents have been accomplished, (ii) a Temporary Certificate of Occupancy (or Temporary Certificate of Acceptance, if applicable) has been issued by the Department of Community Affairs, (iii) a Punchlist has been created by the Design Consultant and approved by the Authority, (iv) [deliberately omitted] (v) there are no material omissions or technical defects or deficiencies, identified by the Authority or the CM or Design Consultant, and (vi) the Project is one- hundred percent (100%) ready for occupancy in accordance with its intended use.
Requirements for Substantial Completion. Prior to making any request for Owner’s approval of Substantial Completion, whether for the Work as a whole or for a portion or phase thereof which, the following must be completed:
A. Submit a progress payment request coincident with or following the Substantial Completion date claimed, showing one hundred (100 %) percent completion for the portion of the Work claimed as Substantially Complete.
B. Submit all outstanding Requests for Change Order which are not barred by the Claims submission procedures of the Contract Documents.
C. Advise Owner of pending insurance changeover requirements.
D. Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications, and similar documents.
E. Obtain and submit final releases of liens, which may reserve rights for Work performed after the date of the release, (include with Certificate of Substantial Completion) from all Subcontractors, construction materials suppliers, and services and utilities, enabling the Owner's full and unrestricted use of the Work and access to services and utilities, and including (where required) Occupancy Permits, facility operating certificates, and similar releases from authorities having jurisdiction.
F. Submit two (2) electronic copies and three (3) paper copies (8- 1/2" x 11" page format in 3-ring notebook binders, with a table of contents) of Project record documents, maintenance manuals, final Project photographs, damage or settlement survey, property survey, and similar final Project record information.
G. Submit certifications of compliance for each test and inspection required by the Contract Documents. The certifications shall be signed by the Contractor and by the parties conducting the test.
H. Deliver tools, spare parts, extra stocks of materials, and similar physical items to Owner.
I. Make final change-over of locks and transmit keys to Owner, and advise Owner's personnel to change over the security provisions.
J. Complete start-up testing of systems, water and air balancing, adjust and calibrate temperature control system, fire alarm system, generator (as required, if included in the design). Clean all HVAC units, ducts if necessary. Remove temporary filters and install new filters in all air- handling units and in all unit ventilators.
K. Complete all commissioning and acceptance tests.
L. Complete instruction for Owner’s operating/maintenance personnel for all equipment and machinery installed as a part of the Work as specified by th...
Requirements for Substantial Completion. (i) Phase I of the Work shall be deemed Substantially Completed (“Substantial Completion”) on the date when such Work shall be sufficiently completed and all of the following shall have occurred: (a) Owner may use and occupy the Phase I area (as set forth in Exhibit “H”); (b) only minor Punch List items (as such term is defined in Section 7.02(bb) hereof), if any, remain incomplete provided they do not interfere with such use and occupancy; (c) a temporary certificate of occupancy (“TCO”) shall have been issued by the appropriate local governmental authority for the Phase I area, unless such TCO is not issued for reasons outside Construction Manger’s reasonable control; and (d) Construction Manager has performed all services and provided all documentation necessary to enable the commencement or continuationof commissioning and validation activities.
(ii) Phase II of the Work shall be deemed Substantially Completed on the date when such Work shall be sufficiently completed and all of the following shall have occurred: (a) Owner may use and occupy the Phase II area (as set forth in Exhibit “H”); (b) only minor Punch List items, if any, remain incomplete provided they do not interfere with such use and occupancy; and (c) a temporary certificate of occupancy (“TCO”) shall have been issued by the appropriate local governmental authority for the Phase II area, unless such TCO is not issued for reasons outside Construction Manger’s reasonable control.
(iii) Phase III of the Work shall be deemed Substantially Completed on the date when such Work shall be sufficiently completed and all of the following shall have occurred: (a) Owner may use and occupy the Phase III area (as set forth in Exhibit “H”); and (b) a temporary certificate of occupancy (“TCO”) shall have been issued by the appropriate local governmental authority for the Phase III area, unless such TCO is not issued for reasons outside Construction Manger’s reasonable control.
Requirements for Substantial Completion. (i) The Work shall be deemed Substantially Completed (“Substantial Completion”) on the date when such Work shall be sufficiently completed and all of the following shall have occurred: (a) Owner may use and occupy the the Work; (b) only minor Punch List items (as such term is defined in Section 7.02(bb) hereof), if any, remain incomplete provided they do not interfere with such use and occupancy; (c) a temporary certificate of occupancy (“TCO”) shall have been issued by the appropriate local governmental authority for the Work, unless such TCO is not issued for reasons outside Construction Manger’s reasonable control; and (d) Construction Manager has performed all services and provided all documentation necessary to enable the commencement or continuation of commissioning and validation activities.