SUBSTANTIAL COMPLETION AND FINAL PAYMENT Clause Samples

The "Substantial Completion and Final Payment" clause defines the point at which a construction project is considered sufficiently complete for the owner to occupy or use it, even if minor work remains. In practice, this clause typically outlines the process for certifying substantial completion, the responsibilities for completing any remaining punch-list items, and the conditions under which the final payment will be released to the contractor. Its core function is to establish a clear milestone for project completion, ensuring both parties understand when obligations shift and when final financial settlements are due, thereby reducing disputes over project status and payment timing.
SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On the Date of Substantial Completion, the Contractor shall prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final ▇▇▇▇, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract Documents. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decis...
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SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 12.01 The term “substantial completion” as used in the Contract Documents shall mean the first day after the Project Manager has verified that all of the following have been satisfactorily completed: A. All materials and equipment have been incorporated in the Work, including building systems such as, but not limited to, HVAC, Intercom, Fire Alarm, Television, Data, Security System, and the like; B. A certificate of occupancy (Temporary or Final) has been delivered to Project Manager; and C. The Work is completed such that Owner can occupy the entire Project for its intended use, including occupancy by students, without interference from Construction Manager or its Subcontractors.
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SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 12.6.1 When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Architect and the Owner shall prepare for submission to the Contractor one punch list of items to be completed or corrected on the Project, or designated portion thereof. The punch list shall be the basis for determination of the Date of Final Completion. Any item on such list shall be completed or corrected before the Final Completion Date. The failure to include any items on such punch list does not relieve the responsibility of the Contractor to complete all work in accordance with the Contract Documents. When the Architect, on the basis of an inspection, determines that the Work is substantially complete, he will then prepare a Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance. 12.6.2 Upon receipt of written notice that the Work is ready for final inspection and acceptance, the Architect will promptly make such inspection and, when the Architect finds (1) the Work in accordance with and acceptable under the Contract Documents,
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SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 12.01 The term “substantial completion” as used in the Contract Documents shall mean the first day after the Project Manager has verified that all of the following have been satisfactorily completed: A. All materials and equipment have been incorporated in the Work, including building systems such as, but not limited to, HVAC, Intercom, Fire Alarm, Television, Data, Security System, and the like; B. A certificate of occupancy (Temporary or Final) has been delivered to Project Manager; and C. The Work is completed such that Owner can occupy the entire Project for its intended use, including occupancy by students, without interference from Construction Manager or its Subcontractors. 12.02 When the requirements of ITEM 12.01 have been completed, Construction Manager shall prepare the Punch List and shall submit the same to Project Manager for approval with written notice that the Work is ready for verification of substantial completion. Upon receipt of the Punch List and notice, Project Manager will inspect the Work to verify that the Punch List is accurate and that the Work is substantially completed. If Project Manager determines that the Punch List is incomplete or incorrect in any way, Project Manager will advise Construction Manager of the required corrections and Construction Manager shall promptly submit a corrected Punch List. 12.03 After the Project Manager has verified that the Work is substantially completed, Owner will assume responsibility for the maintenance thereof, except damage, debris and refuse material caused by Construction Manager while completing the Work, which shall be the responsibility of the Construction Manager. It shall be Project Manager’s responsibility to issue the Certificate of Substantial Completion. A. When Construction Manager has completed all Punch List items and all other items required for performance of the Work in compliance with the Contract Documents, Construction Manager shall give written notice to Project Manager that the Work is ready for final inspection and acceptance. Upon receipt of the notice, Project Manager will inspect the Work to verify that it is entirely completed and in compliance with the Contract Documents. The Work, when so verified, will be accepted by Project Manager. Work found to be incomplete or not in compliance shall be promptly completed or corrected by Construction Manager and Project Manager’s acceptance will be withheld until such work has been completed or corrected. B. If, after rec...
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  • FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such 9.9.2 Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the State or its property might in any way be responsible, have been paid or otherwise satisfied; (2) consent of surety, if any, to final payment; (3) Other data establishing payment or satisfaction of all such obligations, including, but not limited to, receipts, releases, or other supporting documentation. and (4) final waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the State. If any Subcontractor refuses to furnish a release or waiver required by the State, the Contractor may furnish a bond satisfactory to the State to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the State all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the State shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as required by the Contract Documents, 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 Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall constitute a waiver of all claims by the State except those arising from: (a) unsettled liens, (b) faulty or defective Work appearing after Substantial Completion, (c) failure of the Work to comply with the requirements of the Contract Documents, or (d) terms of any special warranties required by the Contract Documents. 9.9.5 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment.

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

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