Common use of Substantial Completion and Punch List Clause in Contracts

Substantial Completion and Punch List. The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm from its obligation to complete the Project. When the Design-Build Firm believes that the Work is substantially complete, the Design-Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that: DCP has been reviewed. Work has been inspected by the Design-Build Firm for compliance with the Design Criteria. Work has been completed in accordance with the Design Criteria Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational. Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the Project Manager, and the Design-Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm shall request another Substantial Completion inspection. The Project Manager and the Design-Build Firm shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.

Substantial Completion and Punch List. The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Build Firm Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm Contractor from its obligation to complete the Project. When the Design-Build Firm Contractor believes that the Work is substantially complete, the Design-Build Firm Contractor shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that: DCP • Model has been reviewedreviewed for compliance with the pre-qualified Model selected for construction. • Work has been inspected by the Design-Build Firm Contractor for compliance with the Design Criteriaplans for the Model. Work has been completed in accordance with the Design Criteria • Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational. • Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm Contractor from its obligations as detailed in the DCP and the ContractContract Documents. The Punch List shall be signed by the Project Manager, and the Design-Build Firm Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm Contractor shall request another Substantial Completion inspection. The Project Manager and the Design-Build Firm Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.

Substantial Completion and Punch List. Landlord shall use reasonable efforts to cause the Initial Tenant Work to be “Substantially Completed” in accordance with the Final Schedule, subject to delays caused by Tenant or delays beyond Landlord’s reasonable control. The Initial Tenant Work shall be substantially complete when considered “Substantially Completed” for all purposes under this Work Letter and the Project ManagerLease upon the earliest of (a) the date Landlord’s architect or general contractor issues a written certificate to Landlord and Tenant, in the reasonable exercise of his/her discretion determines certifying that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm from its obligation to complete the Project. When the Design-Build Firm believes that the Work is substantially complete, the Design-Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that: DCP has been reviewed. Work has been inspected by the Design-Build Firm for compliance with the Design Criteria. Initial Tenant Work has been completed (except for minor finish-out and “punchlist” items) in accordance substantial compliance with the Design Criteria Equipment and systems Final Plans or (b) the date Tenant first takes occupancy of the Premises for the conduct of Tenant’s business, or (c) the date a certificate of occupancy or other occupancy permit for the Premises has been issued by the local governmental authority having jurisdiction, or (d) the date the Initial Tenant Work would have been tested in completed but for Tenant Delays (as hereinafter defined). If the presence of the Project Manager and/or other City representatives and are operational. Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the Project Manager, and the Design-Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Initial Tenant Work is not substantially completecompleted in accordance on or before the Commencement Date, Landlord shall have no liability to Tenant as a result of any delay in occupancy, the Project Manager Commencement Date shall provide a list of all open items necessary still occur as scheduled, and both parties shall cooperate in good faith to achieve Substantial Completionhave the Initial Tenant Work be substantially completed as soon as practicable. Upon Within ten (10) days following substantial completion of such Initial Tenant Work, Tenant shall have the Designright to submit a written “punch-Build Firm shall request another Substantial Completion inspection. The Project Manager and list” to Landlord describing any items of the Design-Build Firm shall agree on the time reasonably required to complete all remaining Initial Tenant Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project sitethat have not been completed, and insurance; and Landlord shall list all Work yet promptly cause such items to be completed to satisfy the requirements of the Contract Documents for Final Completionat Landlord’s expense. The “Tenant Delays”, as used herein, may include, without limitation, Tenant’s failure to include respond to any items of corrective Work on such list does not alter Landlord request for approval within the responsibility of Design-Build Firm time periods set forth herein (or, if no time period is expressly set forth herein, then within five (5) business days after Landlord’s request) or Tenant’s failure to complete all of deposit any funds due hereunder within the Work in accordance with the Contract Documents. Warranties required time periods set forth herein (or, if no time period is expressly set forth herein, then within five (5) business days after Landlord’s request), or other interference by the Contract Documents shall commence on the date of Final Acceptance Tenant that delays Landlord’s completion of the Initial Tenant Work or designated portion thereof unless otherwise (provided that Landlord first notifies Tenant of such delay in the Contract Documentswriting and Tenant does not cure same within two (2) business days after receipt of such notice).

Substantial Completion and Punch List. The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm from its obligation to complete the Project. When the Design-Build Firm believes that the Work is substantially complete, the Design-Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that:  DCP has been reviewed.  Work has been inspected by the Design-Build Firm for compliance with the Design Criteria.  Work has been completed in accordance with the Design Criteria  Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational.  Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the Project Manager, and the Design-Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm shall request another Substantial Completion inspection. The Project Manager and the Design-Build Firm shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.

Substantial Completion and Punch List. This Article does not include any long term monitoring, treatment, or maintenance required by DERM. These requirements will be addressed under Article 16 of the Contract. The Work Work, exclusive of the requirements contained in Article 16 below, shall be substantially complete when the City’s Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the City’s Project Manager and the Design-Build Firm Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm Contractor from its obligation to complete the Project, including any required long term monitoring, treatment, and maintenance. When the Design-Build Firm Contractor believes that the Work is substantially complete, exclusive of the Design-Build Firm requirements contained in Article 58 below, the Contractor shall request in writing that the City’s Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals certification from agencies having jurisdiction over DERM that the WorkProject Site has met their minimum safe closure requirements. The request for Substantial Completion Inspection shall include a written certification that: DCP has been reviewed. Work has been inspected by the Design-Build Firm for compliance with the Design Criteria. Work has been completed in accordance with the Design Criteria Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational. Work is completed and ready for Substantial Completion inspection. The City’s Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the City’s Project Manager, and the Design-Build Firm Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the City’s Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City’s Project Manager determines, on the appropriate form that the Work is not substantially complete, the City’s Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm Contractor shall request another Substantial Completion inspection. The City’s Project Manager and the Design-Build Firm Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof Substantial Completion, unless otherwise provided in the Contract Documents.

Substantial Completion and Punch List. The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Design- Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm from its obligation to complete the Project. When the Design-Build Firm believes that the Work is substantially complete, the Design-Design- Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that:  DCP has been reviewed.  Work has been inspected by the Design-Build Firm for compliance with the Design Criteria.  Work has been completed in accordance with the Design Criteria  Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational.  Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the Project Manager, and the Design-Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm shall request another Substantial Completion inspection. The Project Manager and the Design-Build Firm shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.

Substantial Completion and Punch List. The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Design-Design- Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design-Build Firm from its obligation to complete the Project. When the Design-Build Firm believes that the Work is substantially complete, the Design-Design- Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design-Build Firm has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The request for Substantial Completion Inspection shall include a written certification that: • DCP has been reviewed. • Work has been inspected by the Design-Build Firm for compliance with the Design Criteria. • Work has been completed in accordance with the Design Criteria • Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational. • Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the Design-Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design-Build Firm from its obligations as detailed in the DCP and the Contract. The Punch List shall be signed by the Project Manager, and the Design-Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design-Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design-Build Firm from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Design-Build Firm shall request another Substantial Completion inspection. The Project Manager and the Design-Build Firm shall agree on the time reasonably required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Design-Build Firm to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.