Substantial Completion. A. The Date of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified by the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended. B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task Order. When the County or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to him. C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E. D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 42 contracts
Sources: Job Order Contract, Job Order Contract, Job Order Contract
Substantial Completion. A. The Date “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete as defined in complete. If the JOC Task OrderODR does not consider the Work substantially complete, the ODR will notify the Contractor shall prepare for the County a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationgiving reasons therefore. Failure on the Owner’s part to include any items on such list a list reason does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Orderterms of this Agreement. When After satisfactorily completing items identified by Owner’s Designated Representative, the County or Contractor shall then submit another request for the A-E, on ODR to determine Substantial Completion. If The ODR considers the basis of an inspection, jointly determine that the work or designated portion thereof, is Work substantially complete, they The ODR will then prepare and issue deliver a written notification certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion, state shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the workWork, warranty and insurance, and fix . Failure to include an item on the time within which punch list does not alter the responsibility of the Contractor shall to complete all Work in accordance with the items listed therein. Warranties required by the JOC Task Order shall not commence until the date terms and conditions of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to himthem in such certificate.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 18 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete as defined in complete. If the JOC Task OrderODR does not consider the Work substantially complete, the ODR will notify the Contractor shall prepare for the County a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationgiving reasons therefore. Failure on the Owner’s part to include any items on such list a list reason does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Orderterms of this Agreement. When After satisfactorily completing items identified by Owner’s Designated Representative, the County or Contractor shall then submit another request for the A-E, on ODR to determine Substantial Completion. If The ODR considers the basis of an inspection, jointly determine that the work or designated portion thereof, is Work substantially complete, they The ODR will then prepare and issue deliver a written notification certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion, state shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the workWork, warranty and insurance, and fix . Failure to include an item on the time within which punch list does not alter the responsibility of the Contractor shall to complete all Work in accordance with the items listed therein. Warranties required by the JOC Task Order shall not commence until the date terms and conditions of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to him.
C. Should them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the County Work shall be achieved on or before the A-E determine that following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor time for Substantial Completion exceed this date without a written notice stating why the work or designated portion thereof is not substantially completedamendment to this Agreement. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspectionTHE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionTIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.
Appears in 14 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified by the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the worka Deliverable Portion of Work Substantially Complete, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County Owner Parties’ review and approval a comprehensive list of items incomplete and unsatisfactory items. Owner Parties will edit and supplement this list, as appropriate, and when approved the list shall be the Punch List for such Deliverable Portion of Work. Contractor and Owner Parties shall also, at the same time they develop the first Punch List, establish a schedule (the “Punch List Schedule”) setting forth anticipated dates for Owner Parties’ inspections of all anticipated Deliverable Portions of Work to determine Substantial Completion and Final Completion of the same. Notwithstanding anything to the contrary contained in the Contract Documents, a Deliverable Portion of Work with systems - e.g., mechanical, electrical, HVAC - shall not be considered Substantially Complete until it has demonstrated a minimum of thirty (30) consecutive Days of successful, trouble-free operation, beginning after all inspections and testing have been completed for such Deliverable Portion of Work. Once a Punch List and Punch List Schedule are mutually accepted, Owner Parties will inspect the Project to determine if each Deliverable Portion of Work is Substantially Complete. During inspection, if Owner Parties determine any incomplete or incorrect item, whether or not included on the Punch List, causes the Deliverable Portion of Work to fail to be completed or corrected Substantially Complete, Contractor shall be given notice and requestshall promptly correct such item. Following completion of all incomplete items, in writing, Contractor shall request that Owner Parties’ re-inspect the work be inspected for substantial completion determination. Failure Deliverable Portion of Work to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task Orderagain determine if it is Substantially Complete. When the County or the A-EOwner Parties determine a Deliverable Portion of Work is Substantially Complete, on the basis Owner Parties will prepare a certificate (a “Certificate of an inspection, jointly determine Substantial Completion”) that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completionSubstantial Completion of that Deliverable Portion of Work, state fix the time within which Contractor shall complete and correct items noted in that Certificate of Substantial Completion, and designate the responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage and insurance pertaining to the worksuch Deliverable Portion of Work. Upon receipt of a Certificate of Substantial Completion, and insurance, and fix the time within which the Contractor shall diligently complete the all items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the workincomplete Work and repair all Defective Work, or designated portion thereof, unless otherwise provided including those identified in the Notification applicable Punch List and Certificate of Substantial Completion Completion. However, failure by any party to include an item on the Punch List or in the JOC Task Order. The Notification Certificate of Substantial Completion shall be submitted not alter Contractor’s responsibility to complete all Work in accordance with the Contractor for his written acceptance of Contract Documents. In accordance with the responsibilities assigned to him.
C. Should the County or the A-E determine that the workPunch List Schedule, or the portion thereof designated by Contractor, is not substantially complete, Owner Parties anticipate they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work will make an initial visit and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such one re-inspection by the Afor each of Contractor’s Deliverable Portions of Work. If, after making a re-E.
D. The acceptance inspection, Owner Parties determine a Deliverable Portion of Work is not Substantially Complete or that previously scheduled Punch List Work has not been completed, Contractor shall pay, without Owner’s reimbursement, Owner Parties’ costs and expenses resulting from additional inspections necessary for Owner Parties to issue Certificates of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionCompletion.
Appears in 7 contracts
Sources: Construction Manager at Risk and General Contractor Agreement, Design Build Agreement, Construction Manager and General Contractor Agreement
Substantial Completion. A. The Date of When the Contractor requests a Substantial Completion of each JOC Task Order, Inspection for the Work or a designated portion thereof, is the date certified by City shall determine the County or validity of the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a request. A list of items to be completed or corrected shall be prepared by the Contractor and requestpresented to the City with the request for inspection. By submitting a request for Substantial Completion Inspection the Contractor thereby certifies that it has performed a thorough inspection of the Project in preparing the list of items to be completed or corrected, in writinghas consulted with its subcontractors, and that the remaining incomplete or defective work shall be inspected for substantial completion determinationcompleted within thirty (30) days of submission of the request. Failure The City shall evaluate the Contractor's request and list of uncompleted items and, if appropriate in their judgment, add to or delete items from the list necessary to complete the work. The failure to include any items on such a any punch list does shall not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When By submitting a request for Substantial Completion Inspection, the County Contractor thereby certifies that the remaining incomplete or defective Work required by the A-EContract Documents shall be completed within thirty (30) days.
B. If the City, on the basis of an Substantial Completion inspection, jointly determine determines that the work or designated portion thereofWork has been substantially completed in accordance with the Contract Documents, is substantially completethen the City will prepare a Certificate of Substantial Completion, they will then prepare and issue a written notification which will shall establish the date of substantial completion, Substantial Completion; shall state the responsibilities of the County and the Contractor for securityremaining punchlist items, maintenance, heat, heat and utilities, security, and damage to the work, ; and insurance, and shall fix the time time, not to exceed thirty (30) days, within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderpunch list. The Notification Certificate of Substantial Completion shall be submitted by the City to the Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedthem in such Certificate. The Contractor Project shall expeditiously not be deemed substantially complete until the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance Certificate is issued irrespective of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionCity occupancy.
Appears in 7 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date of 5.7.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Agreement so that the Owner can occupy or use utilize the workWork for its intended use; provided, or designated portion thereofhowever, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and any other permits, approvals, licenses, and other documents from any governmental authority having jurisdiction thereof necessary for the use for which it is intendedbeneficial occupancy of the Project.
B. 5.7.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Owner a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment (punch list). Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When Agreement.
5.7.3 Upon receipt of the County or Contractor’s punch list, the A-E, on Owner will examine the basis of an inspection, jointly Work to determine that whether the work Work or designated portion thereofthereof is substantially complete. If the Owner’s examination discloses any item, whether or not included on the Contractor’s punch list, that is not sufficiently complete in accordance with the Agreement, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another examination by the Owner to determine Substantial Completion.
5.7.4 When the Work or designated portion thereof is substantially complete, they the Owner will then prepare and issue a written notification which will Certificate of Substantial Completion that shall establish the date of substantial completionSubstantial Completion, state the shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless otherwise provided, Contractor shall complete all items on the items listed thereinpunch list within thirty (30) calendar days of Substantial Completion. Warranties required by the JOC Task Order Agreement shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Order. Completion.
5.7.5 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with them in such re-inspection by the A-E.
D. The acceptance Certificate of Substantial Completion Completion. Upon such acceptance and consent of surety, if any, the Owner shall make 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionretainage.
Appears in 4 contracts
Sources: Construction Services Agreement, Construction Agreement, Construction Agreement
Substantial Completion. A. The Date of 5.7.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Agreement so that the Owner can occupy or use utilize the workWork for its intended use; provided, or designated portion thereofhowever, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and any other permits, approvals, licenses, and other documents from any governmental authority having jurisdiction thereof necessary for the use for which it is intendedbeneficial occupancy of the Project.
B. 5.7.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Owner a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment (punch list). Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When Agreement.
5.7.3 Upon receipt of the County or Contractor’s punch list, the A-E, on Owner will examine the basis of an inspection, jointly Work to determine that whether the work Work or designated portion thereofthereof is substantially complete. If the Owner’s examination discloses any item, whether or not included on the Contractor’s punch list, that is not sufficiently complete in accordance with the Agreement, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another examination by the Owner to determine Substantial Completion.
5.7.4 When the Work or designated portion thereof is substantially complete, they the Owner will then prepare and issue a written notification which will Certificate of Substantial Completion that shall establish the date of substantial completionSubstantial Completion, state the shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless otherwise provided, Contractor shall complete all items on the items listed thereinpunch list within thirty (30) calendar days of Substantial Completion. Warranties required by the JOC Task Order Agreement shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Order. Completion.
5.7.5 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with them in such re-inspection by the A-E.
D. The acceptance Certificate of Substantial Completion payment shall constitute a waiver Completion. Upon such acceptance and consent of all claims by surety, if any, the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Owner shall
Appears in 4 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete as defined in complete. If the JOC Task OrderODR does not consider the Work substantially complete, the ODR will notify the Contractor shall prepare for the County a list of items to be completed or corrected and requestgiving reasons, in writing, that the work be inspected for substantial completion determinationtherefore. Failure on the Owner’s part to include any items on such list a list reason does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Orderterms of this Agreement. When After satisfactorily completing items identified by Owner’s Designated Representative, the County or Contractor shall then submit another request for the A-E, on ODR to determine Substantial Completion. If The ODR considers the basis of an inspection, jointly determine that the work or designated portion thereof, is Work substantially complete, they The ODR will then prepare and issue deliver a written notification certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion, state shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the workWork, warranty and insurance, and fix . Failure to include an item on the time within which punch list does not alter the responsibility of the Contractor shall to complete all Work in accordance with the items listed therein. Warranties required by the JOC Task Order shall not commence until the date terms and conditions of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to himthem in such certificate.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date Substantial Completion means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owners opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owners Designated Representative (sometimes referred to as the ODR) and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete as defined in complete. If the JOC Task OrderODR does not consider the Work substantially complete, the ODR will notify the Contractor shall prepare for the County a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationgiving reasons therefore. Failure on the Owners part to include any items on such list a list reason does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Orderterms of this Agreement. When After satisfactorily completing items identified by Owners Designated Representative, the County or Contractor shall then submit another request for the A-E, on ODR to determine Substantial Completion. If The ODR considers the basis of an inspection, jointly determine that the work or designated portion thereof, is Work substantially complete, they The ODR will then prepare and issue deliver a written notification certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion, state shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the workWork, warranty and insurance, and fix . Failure to include an item on the time within which punch list does not alter the responsibility of the Contractor shall to complete all Work in accordance with the items listed therein. Warranties required by the JOC Task Order shall not commence until the date terms and conditions of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to himthem in such certificate.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion. A. The Date of 8.1.1 When the Contractor requests a Substantial Completion of each JOC Task Order, Inspection for the Work or a designated portion thereof, is the date certified by DP and the County or Owner shall determine the A-E when construction is sufficiently complete, to allow validity of the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a request. A list of items to be completed or corrected shall be prepared by the Contractor and requestpresented to the Owner and the DP with the request for inspection (“Punch List”). By submitting a request for Substantial Completion Inspection the Contractor thereby certifies that it has performed a thorough inspection of the Project in preparing the list of items to be completed or corrected, in writinghas consulted with its subcontractors, and that the remaining incomplete or defective work shall be inspected for substantial completion determinationcompleted within thirty (30) days of submission of the request. Failure The Owner or the DP or both shall evaluate the Contractor's request and list of uncompleted items and, if appropriate in their judgment, add to or delete items from the list necessary to complete the work. The failure to include any items on such a any punch list does shall not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When By submitting a request for Substantial Completion Inspection, the County Contractor thereby certifies that the remaining incomplete or defective Work required by the A-EContract Documents shall be completed within thirty (30) days.
8.1.2 If the DP and/or the Owner, on the basis of an Substantial Completion inspection, jointly determine that the work or designated portion thereofWork has been substantially completed in accordance with the Contract Documents, is substantially completethen the DP will prepare a Certificate of Substantial Completion, they will then prepare and issue a written notification which will shall establish the date of substantial completion, Substantial Completion; shall state the responsibilities of the County and the Contractor for securityremaining punch list items, maintenance, heat, heat and utilities, security, and damage to the work, ; and insurance, and shall fix the time time, not to exceed thirty (30) days, within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderpunch list. The Notification Certificate of Substantial Completion shall be submitted by the DP to the Owner and the Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should them in such Certificate. The Project shall not be deemed substantially complete until the County or the A-E determine that the work, or the portion thereof designated by Contractor, Certificate is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedissued irrespective of Owner occupancy. The Contractor shall expeditiously complete reimburse the work Owner, via a deductive Change Order, any and shall submit a all reinspection costs, including trip charges, beyond the second inspection for Substantial Completion.
8.1.3 At the Owner’s written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County request, Project Closeout Documents normally required for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion payment shall constitute a waiver of all claims submission by the Contractor except those previously made in writing to the Owner for Substantial Completion may include, but are not limited to:
a) Fire Marshal Acceptance Alarm/Sprinkler and identified by the Contractor as unsettled at the time State Fire Marshal Acceptance Report
b) State Elevator Inspection Report
c) Insurance Carrier Certificate for Boiler Inspection
d) Preliminary Balance Report
e) Preliminary As-Builts
f) Attic Stock
g) Substantial Completion Project Inspection
h) Punch List Issued
i) Certificate of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Substantial Completion
j) Schedule of Required Maintenance
Appears in 3 contracts
Sources: Standard Form Agreement, Job Order Contract, Job Order Contract
Substantial Completion. A. The Date of 8.1.1 When the Contractor requests a Substantial Completion of each JOC Task Order, Inspection for the Work or a designated portion thereof, is the date certified by DP and the County or Owner shall determine the A-E when construction is sufficiently complete, to allow validity of the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a request. A list of items to be completed or corrected shall be prepared by the Contractor and requestpresented to the Owner and the DP with the request for inspection. By submitting a request for Substantial Completion Inspection the Contractor thereby certifies that it has performed a thorough inspection of the Project in preparing the list of items to be completed or corrected, in writinghas consulted with its subcontractors, and that the remaining incomplete or defective work shall be inspected for substantial completion determinationcompleted within thirty (30) days of submission of the request. Failure The Owner or the DP or both shall evaluate the Contractor's request and list of uncompleted items and, if appropriate in their judgment, add to or delete items from the list necessary to complete the work. The failure to include any items on such a any punch list does shall not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When By submitting a request for Substantial Completion Inspection, the County Contractor thereby certifies that the remaining incomplete or defective Work required by the A-EContract Documents shall be completed within thirty (30) days.
8.1.2 If the DP and/or the Owner, on the basis of an Substantial Completion inspection, jointly determine that the work or designated portion thereofWork has been substantially completed in accordance with the Contract Documents, is substantially completethen the DP will prepare a Certificate of Substantial Completion, they will then prepare and issue a written notification which will shall establish the date of substantial completion, Substantial Completion; shall state the responsibilities of the County and the Contractor for securityremaining punch list items, maintenance, heat, heat and utilities, security, and damage to the work, ; and insurance, and shall fix the time time, not to exceed thirty (30) days, within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderpunch list. The Notification Certificate of Substantial Completion shall be submitted by the DP to the Owner and the Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should them in such Certificate. The Project shall not be deemed substantially complete until the County or the A-E determine that the work, or the portion thereof designated by Contractor, Certificate is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedissued irrespective of Owner occupancy. The Contractor shall expeditiously complete reimburse the work Owner, via a deductive Change Order, any and shall submit a all reinspection costs, including trip charges, beyond the second inspection for Substantial Completion.
8.1.3 At the Owner’s written request that request, Project Closeout Documents normally required for submission by the County or Contractor to the A-E perform a Owner for Substantial Completion inspection. The Contractor shall pay the County may include, but are not limited to:
a) Fire Marshal Acceptance Alarm/Sprinkler and State Fire Marshal Acceptance Report
b) State Elevator Inspection Report
c) Insurance Carrier Certificate for all costs associated with such reBoiler Inspection
d) Preliminary Balance Report
e) Preliminary As-inspection by the A-E.Builts
D. The acceptance f) Attic Stock
g) Substantial Completion Project Inspection (FS #15)
h) Punchlist Issued (FS#24) i) Certificate of Substantial Completion payment shall constitute a waiver (FS#81) j) Schedule of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Required Maintenance (FS#88)
Appears in 2 contracts
Sources: Construction Services Agreement, Construction Services Agreement
Substantial Completion. A. The Date a) Upon substantial completion of Substantial Completion of each JOC Task Orderthe work required by a contract with the commonwealth, or designated portion thereof, is the date certified by the County any agency or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion political subdivision thereof, for the use construction, reconstruction, alteration, remodeling, repair or improvement of public ways, including bridges and other highway structures, sewers and, water mains, airports and other public works, the contractor shall present in writing to the awarding authority its certification that the work has been substantially completed. Within twenty-one days thereafter, the awarding authority shall present to the contractor either a written declaration that the work has been substantially completed or an itemized list of incomplete or unsatisfactory work items required by the contract sufficient to demonstrate that the work has not been substantially completed. The awarding authority may include with such list a notice setting forth a reasonable time, which shall not in any event be prior to the contract completion date, within which the contractor must achieve substantial completion of the work. In the event that the awarding authority fails to respond, by presentation of a written declaration or itemized list as aforesaid, to the contractor's certification within the twenty-one day period, the contractor's certification shall take effect as the awarding authority's declaration that the work has been substantially completed.
b) Within sixty-five days after the effective date of a declaration of a substantial completion, the awarding authority shall prepare and forthwith send to the contractor for acceptance a substantial completion estimate for the quantity and price of the work done and all but one per cent retainage, if held by the awarding authority, on that work, including the quantity, price and all but one per cent retainage, if held by the awarding authority, for the undisputed part of each work item and extra work item in dispute but excluding the disputed part thereof, less the estimated cost of completing all incomplete and unsatisfactory work items and less the total periodic payments made to date for the work. The awarding authority also shall deduct from the substantial completion estimate an amount equal to the sum of all demands for direct payment filed by subcontractors and not yet paid to subcontractors or deposited in joint accounts pursuant to section thirty-nine F, but no contract subject to said section thirty-nine F shall contain any other provision authorizing the awarding authority to deduct any amount by virtue of claims asserted against the contract by subcontractors, material suppliers or others.
c) If the awarding authority fails to prepare and send to the contractor any substantial completion estimate required by this section on or before the date herein above set forth, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such substantial completion estimate at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston from such date to the date on which the awarding authority sends that substantial completion estimate to the contractor for acceptance or to the date of payment therefor, whichever occurs first. The awarding authority shall include the amount of such interest in the substantial completion estimate.
d) Within fifteen days after the effective date of the declaration of substantial completion, the awarding authority shall send to the contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items, and, unless delayed by causes beyond his control, the contractor shall complete all such work items within forty- five days after the receipt of such list or before the then contract completion date, whichever is later. If the contractor fails to complete such work within such time, the awarding authority may, subsequent to seven days' written notice to the contractor by certified mail, return receipt requested, terminate the contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the contractor.
e) Within thirty days after receipt by the awarding authority of a notice from the contractor stating that all of the work required by the contract has been completed, the awarding authority shall prepare and forthwith send to the contractor for acceptance a final estimate for the quantity and price of the work done and all retainage, if held by the awarding authority, on that work less all payments made to date, unless the awarding authority's inspection shows that work items required by the contract remain incomplete or unsatisfactory, or that documentation required by the contract has not been completed. If the awarding authority fails to prepare and send to the contractor the final estimate within thirty days after receipt of notice of completion, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such final estimate at the rate hereinabove provided from the thirtieth day after such completion until the date on which the awarding authority sends the final estimate to the contractor for acceptance or the date of payment therefor, whichever occurs first, provided that the awarding authority's inspection shows that no work items required by the contract remain incomplete or unsatisfactory. Interest shall not be paid hereunder on amounts for which it interest is intendedrequired to be paid in connection with the substantial completion estimate as hereinabove provided. The awarding authority shall include the amount of the interest required to be paid hereunder in the final estimate.
B. When Contractor considers f) The awarding authority shall pay the amount due pursuant to any substantial completion or final estimate within thirty- five days after receipt of written acceptance for such estimate from the contractor and shall pay interest on the amount due pursuant to such estimate at the rate hereinabove provided from that thirty-fifth day to the workdate of payment. Within 15 days, 30 days in the case of the commonwealth, after receipt from the contractor, at the place designated by the awarding authority, if such place is so designated, of a periodic estimate requesting payment of the amount due for the preceding periodic estimate period, the awarding authority shall make a periodic payment to the contractor for the work performed during the preceding periodic estimate period and for the materials not incorporated in the work but delivered and suitably stored at the site, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a list of items to be completed or corrected and request, at some location agreed upon in writing, to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the work be inspected for substantial completion determinationmaterials are free from all encumbrances. Failure The awarding authority shall include with each such payment interest on the amount due pursuant to include any items such periodic estimate at the rate herein above provided from the due date. In the case of periodic payments, the contracting authority may deduct from its payment a retention based on such a list does not alter the responsibility its estimate of the Contractor fair value of its claims against the contractor, a retention for direct payments to complete all work subcontractors based on demands for same in accordance with the JOC Task Order. When provisions of section thirty- nine F, and a retention to secure satisfactory performance of the County contractual work not exceeding five per cent of the approved amount of any periodic payment, and the same right to retention shall apply to bonded subcontractors entitled to direct payment under section thirty-nine F of chapter thirty; provided, that a five per cent value of all items that are planted in the ground shall be deducted from the periodic payments until final acceptance.
g) No periodic, substantial completion or final estimate or acceptance or payment thereof shall bar a contractor from reserving all rights to dispute the quantity and amount of, or the A-Efailure of the awarding authority to approve a quantity and amount of, on all or part of any work item or extra work item.
h) Substantial completion, for the basis purposes of an inspectionthis section, jointly determine shall mean either that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date contract has been completed except for work having a contract price of final completion less than one per cent of the workthen adjusted total contract price, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance substantially all of the responsibilities assigned work has been completed and opened to him.
C. Should public use except for minor incomplete or unsatisfactory work items that do not materially impair the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why usefulness of the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection required by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completioncontract.
Appears in 2 contracts
Sources: Contract for Public Construction, Contract for Public Construction
Substantial Completion. A. The Date of 5.7.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Agreement so that the Owner can occupy or use utilize the workWork for its intended use; provided, or designated portion thereofhowever, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and any other permits, approvals, licenses, and other documents from any governmental authority having jurisdiction thereof necessary for the use for which it is intendedbeneficial occupancy of the Project.
B. 5.7.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Owner a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment (punch list). Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When Agreement.
5.7.3 Upon receipt of the County or Contractor’s punch list, the A-E, on Owner will examine the basis of an inspection, jointly Work to determine that whether the work Work or designated portion thereofthereof is substantially complete. If the Owner’s examination discloses any item, whether or not included on the Contractor’s punch list, that is not sufficiently complete in accordance with the Agreement, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another examination by the Owner to determine Substantial Completion.
5.7.4 When the Work or designated portion thereof is substantially complete, they the Owner will then prepare and issue a written notification which will Certificate of Substantial Completion that shall establish the date of substantial completionSubstantial Completion, state the shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless otherwise provided, Contractor shall complete all items on the items listed thereinpunch list within thirty (30) calendar days of Substantial Completion. Warranties required by the JOC Task Order Agreement shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order.
5.7.5 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with them in such re-inspection by the A-E.
D. The acceptance Certificate of Substantial Completion Completion. Upon such acceptance and consent of surety, if any, the Owner shall make 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionretainage.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Substantial Completion. A. The Date of 8.1.1 When the Contractor requests a Substantial Completion of each JOC Task Order, Inspection for the Work or a designated portion thereof, is the date certified by DP and the County or Owner shall determine the A-E when construction is sufficiently complete, to allow validity of the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a request. A list of items to be completed or corrected shall be prepared by the Contractor and requestpresented to the Owner and the DP with the request for inspection (“Punch List”). By submitting a request for Substantial Completion Inspection the Contractor thereby certifies that it has performed a thorough inspection of the Project in preparing the list of items to be completed or corrected, in writinghas consulted with its subcontractors, and that the remaining incomplete or defective work shall be inspected for substantial completion determinationcompleted within thirty (30) days of submission of the request. Failure The Owner or the DP or both shall evaluate the Contractor's request and list of uncompleted items and, if appropriate in their judgment, add to or delete items from the list necessary to complete the work. The failure to include any items on such a any punch list does shall not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When By submitting a request for Substantial Completion Inspection, the County Contractor thereby certifies that the remaining incomplete or defective Work required by the A-EContract Documents shall be completed within thirty (30) days.
8.1.2 If the DP and/or the Owner, on the basis of an Substantial Completion inspection, jointly determine that the work or designated portion thereofWork has been substantially completed in accordance with the Contract Documents, is substantially completethen the DP will prepare a Certificate of Substantial Completion, they will then prepare and issue a written notification which will shall establish the date of substantial completion, Substantial Completion; shall state the responsibilities of the County and the Contractor for securityremaining punch list items, maintenance, heat, heat and utilities, security, and damage to the work, ; and insurance, and shall fix the time time, not to exceed thirty (30) days, within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderpunch list. The Notification Certificate of Substantial Completion shall be submitted by the DP to the Owner and the Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should them in such Certificate. The Project shall not be deemed substantially complete until the County or the A-E determine that the work, or the portion thereof designated by Contractor, Certificate is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedissued irrespective of Owner occupancy. The Contractor shall expeditiously complete reimburse the work Owner, via a deductive Change Order, any and shall submit a all reinspection costs, including trip charges, beyond the second inspection for Substantial Completion.
8.1.3 At the Owner’s written request that request, Project Closeout Documents normally required for submission by the County or Contractor to the A-E perform a Owner for Substantial Completion inspection. The Contractor shall pay the County may include, but are not limited to:
a) Fire Marshal Acceptance Alarm/Sprinkler and State Fire Marshal Acceptance Report
b) State Elevator Inspection Report
c) Insurance Carrier Certificate for all costs associated with such reBoiler Inspection
d) Preliminary Balance Report
e) Preliminary As-inspection by the A-E.Builts
D. The acceptance f) Attic Stock
g) Substantial Completion Project Inspection (FS #15)
h) Punchlist Issued (FS#24) i) Certificate of Substantial Completion payment shall constitute a waiver (FS#81) j) Schedule of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Required Maintenance (FS#88)
Appears in 2 contracts
Sources: Job Order Contract, Job Order Contract
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Orderthe Work of a phase shall be deemed to have occurred on the later of the dates that the Work passes a Substantial Completion inspection, or designated portion thereofand the required Substantial Completion documentation and items have been produced. Notwithstanding anything herein, is Substantial Completion shall not occur prior to the date certified which all applicable governmental agencies having jurisdiction over the Work, have issued either an unconditional Certificate of Completion or unconditional Certificate of Occupancy with respect to the Work, including landscaping and common areas (whichever is applicable) and the Owner is otherwise able to fully utilize the Work for its intended purpose. Notwithstanding anything to the contrary contained herein, Contractor shall be responsible for obtaining the unconditional Certificate of Completion or unconditional Certificate of Occupancy (whichever is applicable) with respect to the Work, and in connection therewith, Owner shall comply with all of its obligations required by the County or issuing authority in order to enable the A-E when construction Contractor to obtain such Certificate.
12.1.1 When the Construction Manager believes that the Work is sufficiently substantially complete, to allow it shall notify the County to occupy or use Owner and the work, or designated portion thereof, appropriate Professional that the Work is ready for the use for which it is intendeda Substantial Completion inspection.
B. When Contractor considers that the work, 12.1.2 At or designated portion thereof which is acceptable prior to the County, is substantially complete as defined in the JOC Task OrderSubstantial Completion inspection, the Contractor shall Construction Manager will prepare and furnish to the Professional a Declaration of Substantial Completion, which at a minimum must:
(i) Contain a blank for entry of the County date of Substantial Completion, which date will fix the commencement date of warranties and guaranties and allocate between the Owner and the Construction Manager responsibility for security, utilities, damage to the Work and insurance;
(ii) Include a list of items to be completed or corrected and requeststate the time within which the listed items will be completed or corrected; and
(iii) Contain signature lines for the Owner, the Construction Manager and the Professional.
12.1.3 Upon receipt of notification from the Construction Manager the appropriate Professional will coordinate with the Owner and the Construction Manager a date for inspection of the Work to determine whether the Work is substantially complete.
12.1.4 At inspection(s) to determine whether the Work is substantially complete, the Professional will:
(i) Inspect the Work;
(ii) List additional items to be completed or corrected; and
(iii) Determine, in writingconsultation with the Owner, whether Substantial Completion of the Work has occurred.
12.1.5 If the Work is determined not to be substantially complete, the Work shall be prosecuted until the Work is substantially complete and the inspection process shall be repeated at no additional cost to the Owner until the Work is determined to be substantially complete.
12.1.6 On or prior to the required date of Substantial Completion, the Construction Manager shall deliver to the appropriate Professional keys, permits, the certificate of occupancy, and other necessary and customary documents and items pre-requisite for the Owner’s occupancy and use of the Work for its intended purpose. The Professional will obtain and review Substantial Completion documentation and items, and will inform the Construction Manager of any deficiencies.
12.1.7 When the Owner, the Construction Manager and the appropriate Professional agree that the work be inspected Work has passed the Substantial Completion inspection and the Construction Manager has produced the required Substantial Completion documentation and items, they shall each sign the Declaration of Substantial Completion declaring the Work substantially complete and establishing the actual date of Substantial Completion. The Declaration of Substantial Completion shall also include a list of and timeline for substantial the completion determinationof Work needing completion and correction. Failure of the Construction Manager to include any items an item on such a the list does not alter the responsibility of the Contractor Construction Manager to complete all work Work in accordance with this Contract for Construction Management.
12.1.8 The Construction Manager shall promptly correct the JOC Task Order. When Work properly rejected by the County Professional or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage failing to conform to the workrequirements of this Contract for Construction Management , and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, whether discovered before or designated portion thereof, unless otherwise provided in the Notification of after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting the JOC Task Order. The Notification of rejected Work, including additional testing and inspections and compensation for the Professional’s services and expenses made necessary thereby, shall be at the Construction Manager’s expense.
12.1.9 Substantial Completion shall must be submitted to the Contractor for his written acceptance accompanied by a Certificate of the responsibilities assigned to himOccupancy.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 2 contracts
Sources: Construction Management Agreement, Construction Management Agreement
Substantial Completion. A. The Date of Construction Manager shall notify the Owner and, if directed, the Design Professional when it considers Substantial Completion of each JOC Task Orderthe Work or a designated portion to have been achieved. The Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion thereof, is the date certified can be occupied or used for its intended use by the County or Owner without excessive interference in completing any remaining unfinished Work. If the A-E when construction is sufficiently complete, to allow Owner determines that the County to occupy or use the work, Work or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Orderhas not reached Substantial Completion, the Contractor Owner, with the assistance of its Design Professional, shall prepare for the County promptly compile a list of items to be completed or corrected so the Owner may occupy or use the Work or designated portion for its intended use. The Construction Manager shall promptly complete all items on the list. When Substantial Completion of the Work or a designated portion is achieved, the Owner shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and requestthe respective responsibilities of the Owner and Construction Manager for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be issued by the Owner to the Construction Manager and to the Design Professional for notice of responsibilities assigned in writingthe Certificate of Substantial Completion. Unless otherwise provided in the Certificate of Substantial Completion, that warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. At any time after all or any part of the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter is substantially completed in accordance with subsection 10.5.1 above, the responsibility Construction Manager may request the release of all or part of the Contractor to complete all work retainage owed in accordance with the JOC Task Orderprovisions of sections 262.34, Code of Iowa. When the County or the A-E, Any request for release of retainage under this section 10.5.4 must be submitted on the basis form supplied by the Owner. In addition to any requirements under Iowa Code section 262.34 or other applicable law, such request shall be accompanied by (a) subcontractor claim releases and/or waiver of an inspectionclaim rights for all portions of the Work for which release of retainage is requested on the Owner’s form, jointly determine and (b) the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Any request for release of retainage must be submitted to the work individual designated by the Owner as its representative. Any request for release of retainage that does not conform with the requirements of this subsection 10.5.4 is deemed denied for failure to comply with the requirements of this Agreement. PARTIAL OCCUPANCY OR USE The Owner may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Such partial occupancy or use may commence whether or not the portion thereof, is substantially complete, they provided the Owner and the Construction Manager have accepted in writing the responsibilities assigned to each. FINAL COMPLETION AND FINAL PAYMENT Upon notification from the Construction Manager that the Work is complete and ready for final inspection and acceptance, the Owner, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. When Final Completion has been achieved, the Construction Manager shall prepare for the Owner's written acceptance a final application for payment stating that to the best of the Construction Manager's knowledge, and based on the Owner's inspections, the Work has reached Final Completion in accordance with the Contract Documents. When the Work is found acceptable under the Contract Documents, the Owner will then prepare and promptly issue a written notification which Certificate of Final Completion. Such notice will establish the date of substantial completion, state Final Completion upon which the responsibilities Contract is accepted as complete and upon which all remaining guarantees and warranties under the Contract shall commence. The date of Final Completion shall also establish the commencement of the County thirty-day period during which final payment of the balance due under the contract must be retained by the Owner under the provisions of Chapter 573, Code of Iowa and per the Contractor for securityprovisions of this Agreement. The Owner shall release retained funds in accordance with the provisions of Chapters 262 and 573, maintenanceCode of Iowa, heat, utilities, damage and per the provisions of this Agreement. Final Completion is contingent upon submission of the following to the workOwner: (a) As-Built Documents, manuals, warranties and insuranceall other close-out documents, which have been reviewed and fix approved by the time within which Design Professional or Others as directed by the Contractor shall complete the items listed therein. Warranties Owner, required by the JOC Task Order Contract Documents in the agreed upon format; (b) consent of any surety; (c) any outstanding known and unreported accidents or injuries experiences by the Construction Manager or its Subcontractors at the Worksite; and (d) Targeted Small Business Final Payment Reporting Form(s). The Final Payment due to the Construction Manager, if any, shall be determined by the Owner after making necessary adjustments for any deduction that represents a payment due to the Owner from the Construction Manager in accordance with the terms of this Agreement, which deductions or adjustments shall become the property of the Owner. The Owner reserves the right to issue Final Payment to the Construction Manager as determined by the Owner and in accordance with applicable law, regardless of whether Construction Manager has submitted an application for Final Payment. OWNER RESERVATION OF CLAIMS By issuing final payment to the Construction Manager, the Owner does not commence until waive, and hereby reserves, any and all claims it may have against the date Construction Manager, including, but not limited to, claims relating to liens or similar encumbrances, warranties, Defective Work, latent defects, breach of contract, and any other claim at law or in equity. CONSTRUCTION MANAGER ACCEPTANCE OF FINAL PAYMENT Unless the Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion payment shall constitute constitutes a waiver of all claims by such claims. LATE PAYMENT Payments due but unpaid shall bear interest from the Contractor except those previously made date payment is due in writing and identified by accordance with the Contractor as unsettled at the time provisions of the Progress Payment Request for substantial completion paymentChapter 573, except for the retention sums due subsequent to final completionCode of Iowa.
Appears in 2 contracts
Sources: Construction Management Agreement, Construction Manager Agreement
Substantial Completion. A. 36.1.1 Punch List: When the Contractor believes that the Work, or a portion of the Work that the University has agreed to accept separately, is substantially complete, the Contractor shall compile a punch list of items yet to be completed or corrected for that portion of the Work. The Date Contractor shall submit its punch list to the Project Coordinator with a letter requesting that the Project Coordinator accept that portion of the Work on behalf of the University, for substantial use. Failure to include an item on its punch list shall not alter the Contractor’s responsibility to complete the Work in accordance with the Contract Documents.
36.1.2 Should the Project Coordinator conclude that the punch list is incomplete or that the Work is not yet complete enough to be considered for substantial use, the Project Coordinator shall so notify the Contractor. Should the Project Coordinator, conclude that the Work is sufficiently complete to warrant an inspection; such inspection shall be made.
36.1.3 Subsequent to performing the Inspections for Substantial Completion of each JOC Task OrderCompletion, the Project Coordinator shall provide the Contractor with copies thereof. The Contractor shall promptly complete or correct all items listed thereon as required to bring them into accordance with the Contract Documents.
36.1.4 When the Project Coordinator believes that the Work or designated portion thereof, is the date certified by the County or the A-E when construction is sufficiently complete, complete to allow the County University to occupy or use the work, or designated portion thereof, to utilize it for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Orderits intended use, the Contractor Project Coordinator shall prepare issue the Certificate of Substantial Completion for the County signature. The Certificate may be conditional, in which case it shall have a list of outstanding items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationattached to it. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task Order. When the County or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will The Certificate shall establish the date Date of substantial completion, state the responsibilities of the County Substantial Completion. Guaranties and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties warranties required by the JOC Task Order Contract Documents shall not commence until on the date Date of final completion Substantial Completion of the work, Work or designated portion thereof, unless specified otherwise provided in the Notification Certificate.
36.1.5 Subsequent to the signing of the Certificate of Substantial Completion Completion, the Contractor may request on its application for partial payment, a reduction in the retainage withheld for the Work or portion thereof, stated in the JOC Task OrderCertificate. The Notification amount of Substantial Completion shall be submitted the reduction in the retainage is subject to the Contractor for his written acceptance approval of the responsibilities assigned to himProject Coordinator.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 2 contracts
Sources: Contract for Construction Renovation, Contract for Construction Renovation
Substantial Completion. A. The Date of 9.6.1. Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified by the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the Work occurs upon issuance of the last certificate of occupancy or other similar governmental approval for every building and all other components of the Work for which a certificate of occupancy or other such approval is required, except any such certificate of occupancy or other similar approval that cannot be obtained until completion of (1) portions of the Work that are dependent upon selections by a person (including prospective tenants or purchasers) other than Contractor or (2) work that is not part of the Work. If no certificate of occupancy or other similar approval is required for the Work, Substantial Completion occurs when the Work has reached a stage that allows its use for which it is intendedits intended purpose (subject to completion of portions of the Work that are dependent upon selections by a person (including prospective tenants or purchasers) other than Contractor) or permits others to execute subsequent portions of the Project not included in the Work.
B. 9.6.2. When Contractor considers that the workWork, or designated a portion thereof which is acceptable Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for the County and submit to Owner a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment. Failure to include any items an item on such a list does not alter the responsibility of the Contractor to complete all work Work in substantial accordance with the JOC Task OrderContract Documents. When Upon receipt of Contractor's list, Owner will make an inspection to determine whether the County or the A-E, on the basis of an inspection, jointly determine that the work Work or designated portion thereof, thereof is substantially complete and whether Contractor’s list of items yet to be done is complete. If Owner's inspection discloses any additional item not yet completed, they will then prepare and issue a written notification which will establish the date of substantial completionwhether or not included on Contractor's list, state the responsibilities of the County Owner shall notify Contractor, and the item if legitimate shall be added to Contractor’s list. All matters included on the Contractor’s list will be resolved to Owner’s satisfaction within 90 days.
9.6.3. Substantial Completion shall establish transition of responsibilities between Owner and Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix commencement of the time within which the Contractor shall complete finish all items on the items listed thereinlist of required corrective action. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Contract Documents. Upon request of either Owner or Contractor, Owner and Contractor shall jointly execute a statement confirming the date of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to himCompletion.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 2 contracts
Sources: Owner Contractor Construction Agreement (Bluerock Residential Growth REIT, Inc.), Owner Contractor Construction Agreement (Bluerock Residential Growth REIT, Inc.)
Substantial Completion. A. The Date of 31.1 When the Contractor requests a Substantial Completion of each JOC Task Order, Inspection for the Work or a designated portion thereof, is the date certified by DP and the County or Owner shall determine the A-E when construction is sufficiently complete, to allow validity of the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a request. A list of items to be completed or corrected shall be prepared by the Contractor and requestpresented to the Owner and the DP with the request for inspection. By submitting a request for Substantial Completion Inspection the Contractor thereby certifies that it has performed a thorough inspection of the Project in preparing the list of items to be completed or corrected, in writinghas consulted with its subcontractors, and that the remaining incomplete or defective work shall be inspected for substantial completion determinationcompleted within thirty (30) days of submission of the request. Failure The Owner or the DP or both shall evaluate the Contractor's request and list of uncompleted items and, if appropriate in their judgment, add to or delete items from the list necessary to complete the work. The failure to include any items on such a any punch list does shall not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When By submitting a request for Substantial Completion Inspection, the County Contractor thereby certifies that the remaining incomplete or defective Work required by the A-EContract Documents shall be completed within thirty (30) days.
31.2 If the DP and/or the Owner, on the basis of an Substantial Completion inspection, jointly determine that the work or designated portion thereofWork has been substantially completed in accordance with the Contract Documents, is substantially completethen the DP will prepare a Certificate of Substantial Completion, they will then prepare and issue a written notification which will shall establish the date of substantial completion, Substantial Completion; shall state the responsibilities of the County and the Contractor for securityremaining punchlist items, maintenance, heat, heat and utilities, security, and damage to the work, ; and insurance, and shall fix the time time, not to exceed thirty (30) days, within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderpunch list. The Notification Certificate of Substantial Completion shall be submitted by the DP to the Owner and the Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedthem in such Certificate. The Contractor Project shall expeditiously not be deemed substantially complete until the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance Certificate is issued irrespective of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionOwner occupancy.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Substantial Completion. A. The Date of 4.3.1 Substantial Completion of each JOC Task Order, Job Order is when all construction has been completed with the exception of final inspection punch list work. The purpose of granting or designated portion thereof, acknowledging substantial completion is the date certified by the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intendedstop Job Order Time.
B. When 4.3.2 Prior to notifying the City in accordance to Division 4.3.3 below, the JOC Contractor considers that shall inspect the work, or designated portion thereof which is acceptable Work and prepare and submit to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County City a comprehensive list of items to be completed or corrected corrected. The JOC Contractor shall proceed promptly to complete and request, in writing, that correct items on the work be inspected for substantial completion determinationlist. Failure to include any items an item on such a list does not alter the responsibility of the JOC Contractor to complete all work Work in accordance with the Contract Documents.
4.3.3 JOC Task Contractor shall notify the City in writing when it believes a Job Order. When , or to the County or extent permitted in the A-EContract Documents, on a portion of the basis of an inspection, jointly determine that the work or designated portion thereofJob Order, is substantially complete.
4.3.4 Within five (5) days of City’s receipt of JOC Contractor’s notice, they City and JOC Contractor will then jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents.
4.3.5 If such Work is substantially complete, City shall prepare and issue a written notification which Certificate of Substantial Completion that will establish set forth (i) the date of substantial completion, state the responsibilities Substantial Completion of the County Work or portion thereof, (ii) the remaining items of Work that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing City’s and JOC Contractor’s responsibility for the Contractor for Project’s security, maintenance, heatutilities and insurance pending Final Acceptance.
4.3.6 City, utilitiesat its option, damage may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Division 4.3.5 above, (ii) JOC Contractor and City have obtained the consent of their sureties and insurers, and to the workextent applicable, the appropriate government authorities having jurisdiction over the Project, and insurance, (iii) City and fix the time within which the JOC Contractor shall complete the items listed therein. Warranties required by the agree that City’s use or occupancy will not interfere with JOC Task Order shall not commence until the date of final Contractor’s completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to himremaining Work.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 2 contracts
Sources: Job Order Contract, Job Order Contract
Substantial Completion. A. The Date “Substantial Completion” of the Work shall be achieved when the Work has been completed to the point where Owner can lawfully occupy or utilize the Work for its intended purpose under a Certificate of Occupancy or Temporary Certificate of Occupancy (with conditions acceptable to Owner in its sole discretion) or their equivalent. Professional shall certify the date Substantial Completion of the Work is achieved. When the entire Work (or any portion thereof designated in writing by Owner) is substantially complete, Construction Manager shall notify Owner and Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Professional issue a Certificate of Substantial Completion (or Certificate of each JOC Task OrderPartial Substantial Completion). Construction Manager shall give Owner and Professional thirty (30) days’ notice prior to the predicted Substantial Completion inspection date. The issuance of a Certificate of Substantial Completion for the Work shall be an express condition precedent to Contractor’s right to request a Certificate of Occupancy or Temporary Certificate of Occupancy. The written notice from Construction Manager referenced in the first sentence of this Section shall include a proposed punch list of all items of Work to be completed or corrected by Construction Manager. Within a reasonable time thereafter, Owner, Construction Manager and Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner and Professional do not consider the Work (or designated portion) substantially complete, Professional shall notify Construction Manager in writing giving the reasons therefor and the inspection process shall be repeated at no additional cost to Owner until the Work is determined to be substantially complete. In such case, Construction Manager shall pay the costs (including those of Professional) of all additional Substantial Completion inspections. If Owner and Professional consider the Work (or designated portion) substantially complete, Professional shall prepare and deliver to Construction Manager a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date certified by of Substantial Completion for the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, entire Work (or designated portion thereof, for the use for which it ) is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County actually achieved by Construction Manager and include a final punch list of items to be completed or corrected by Construction Manager before final payment. Construction Manager shall submit Owner’s Substantial Completion Form/Checklist and request, in writing, that all required backup documentation for Owner approval. Following the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter the responsibility issuance of the Contractor to complete all work in accordance with the JOC Task Order. When the County or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Orderand submittal of other documents required by Owner, Construction Manager may apply to Owners Building Code Office for a Certificate of Occupancy. The Notification of Substantial Completion final punch list shall be submitted to in compliance with the Contractor for his written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the workContract Documents and all Applicable Laws. Accordingly, or the portion thereof designated by Contractor, is not substantially complete, they Professional shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent final punch list to final completion.Construction Manager within seven
Appears in 1 contract
Substantial Completion. A. The Date Substantial Completion" means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner's opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner's Designated Representative (sometimes referred to as the "ODR") and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Conh·actor giving reasons therefore. Failure on the Owner's part to list a reason does not alter the responsibility of the Contractor to complete as defined all Work in accordance with the JOC Task Orderterms of this Agreement. After satisfactorily completing items identified by Owner's Designated Representative, the Contractor shall prepare then submit another request for the County ODR to detennine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and requestfinal payment, in writingshall establish the time within which the Contractor shall finish the punch list, that and shall establish responsibilities of the work be inspected Owner and the Conh·actor for substantial completion determinationsecurity, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When the County or the A-E, on the basis terms and conditions of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to himthem in such certificate.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Construction Contract
Substantial Completion. A. 9.1.1 The Date of Substantial Completion of each JOC Task Order, the Work or designated portion thereof, thereof acceptable to Owner is the date certified by the County or the A-E Architect when construction is sufficiently complete, to allow in accordance with the County to Contract Documents, so that the Owner (or its tenant(s)) can occupy or use utilize the work, Work or such designated portion thereof, thereof for the use for which it is intendedintended with all of the installations, parts and systems relating thereto and required by the Work hereunder functional, accessible, operable and usable by the Owner for their full and unimpeded intended usage. Such completion shall include, as applicable, all certificates of occupancy or other permits or authorizations by governmental agencies having jurisdiction thereof, necessary to permit such usage. Only minor or incidental corrective work under punch lists and final cleaning (if required) beyond cleaning needed for the Owner's full use may remain for Final Completion.
B. 9.1.2 When the Contractor considers the Work to be substantially complete, he shall submit to the Owner and Architect written notice that the workWork, or such designated portion thereof which is acceptable to the Countythereof, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for the County along with a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationcorrected. Failure The failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. When Within a reasonable time after receipt of notice, the County or Architect shall make an inspection to determine the A-E, on status of completion.
9.1.3 Should the basis of an inspection, jointly Architect determine that the Work has not reached substantial completion, the Architect shall promptly notify the Owner and Contractor in writing of his determination and the reasons therefor. The Contractor shall promptly remedy deficiencies and complete all incomplete work and thereafter send another written notice of substantial completion to the Owner and Architect who shall within a reasonable time thereafter reinspect the Work.
9.1.4 When the Architect determines that the Work or such designated portion thereof, is substantially complete, they the Architect will then prepare a Certificate of Substantial Completion on AIA Form G704, or such other form as the Owner shall stipulate, accompanied by the Contractor's list of items to be completed or corrected, as verified and issue a written notification which will amended by the Architect. The issuance of such certificate shall establish the date Date of substantial completion, Substantial Completion thereof. Such certificate shall further state the responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and fix shall set forth the time period within which the Contractor shall remedy or complete the items listed therein. above.
9.1.5 Warranties required by the JOC Task Order Contract Documents shall not commence until on the date Date of final completion Substantial Completion of the work, Work or designated portion thereof, unless otherwise provided in the Notification Certificate of Substantial Completion Completion.
9.1.6 If the appropriate governmental agencies refuse to issue a Certificate of Occupancy or other necessary permits for reasons other than fault of the JOC Task OrderContractor, including without limitation deficiencies in the Contract Documents, the requirement of such Certificate will be deemed to be waived, unless the Contractor knew or should have known of such deficiencies and failed to call it timely to the attention of the Owner and the Architect. The Notification of Substantial Completion Contractor, at the Owner's option, shall thereafter perform the Work necessary to obtain such Certificate with an adjustment to the Contract Sum necessary to obtain such Certificate which shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to himeffected by Change Order.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Owner Contractor Agreement (Wells Real Estate Investment Trust Inc)
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Orderthe Work shall be deemed to have occurred on the later of the dates that the Work passes a Substantial Completion inspection, or designated portion thereofand the required Substantial Completion documentation and items have been produced.
12.1.1 When the DB believes that the Work is substantially complete, it shall notify the Owner that its Work is ready for a Substantial Completion inspection.
12.1.2 Prior to the Substantial Completion inspection, the DB will prepare and furnish to the Owner a Declaration of Substantial Completion, which at a minimum must:
.1 contain a blank for entry of the date certified by of Substantial Completion, which date will fix the County or commencement date of warranties and guaranties and allocate between the A-E when construction is sufficiently completeOwner and the DB responsibility for security, to allow the County to occupy or use the workutilities, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable damage to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County Work and insurance;
.2 include a list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task Order. When the County or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete listed items will be completed or corrected; and
.3 contain signature lines for the items listed therein. Warranties required by Owner and the JOC Task Order shall not commence until DB.
12.1.3 Upon receipt of notification from the DB, the Owner and the DB will coordinate a date of final completion for inspection of the work, or designated portion thereof, unless otherwise provided in Work to determine whether the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to himWork is substantially complete.
C. Should 12.1.4 At inspection(s) to determine whether the County or the A-E determine that the work, or the portion thereof designated by Contractor, Work is not substantially complete, the Owner will: .1 inspect the Work; .2 list additional items to be completed or corrected; and .3 determine whether Substantial Completion of the Work has occurred.
12.1.5 If the Work is determined not to be substantially complete, the Work shall be prosecuted until the Work is substantially complete and the inspection process shall be repeated at no additional cost to the Owner until the Work is determined to be substantially complete.
12.1.6 Prior to the required date of Substantial Completion, the DB shall deliver to the Owner keys, permits, the certificate of occupancy, and other necessary and customary documents and items pre-requisite for the Owner’s occupancy and use of the Work for its intended purpose. The Owner will review Substantial Completion documentation and items, and will inform the DB of any deficiencies.
12.1.7 When the Owner and the DB agree that the Work has passed the Substantial Completion inspection and the DB has produced the required Substantial Completion documentation and items, they shall provide each sign the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance Declaration of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Completion
Appears in 1 contract
Sources: Contract Between Owner and Design / Builder for Design and Construction Services
Substantial Completion. A. The Date 5.11.1 When the general contractor/construction manager believes that the Work is substantially complete, it will notify the Owner and the Professional that the Work is ready for inspection. Upon receipt of such notification, the Professional shall coordinate with the Owner and the general contractor/construction manager a date for the inspection.
5.11.2 At or prior to the inspection, the general contractor/construction manager will prepare and furnish to the Professional a Declaration of Substantial Completion which the Professional shall review for completeness. At a minimum, the Declaration of each JOC Task Order, or designated portion thereof, is Substantial Completion must:
(i) contain a blank for entry of the date certified by of Substantial Completion, which date fixes the County or commencement date of warranties and guaranties and allocates between the A-E when Owner and the general contractor/construction is sufficiently completemanager responsibility for security, to allow the County to occupy or use the workutilities, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable damage to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County Work and insurance;
(ii) include a list of items to be completed or corrected and requeststate the time within which the general contractor/construction manager will complete or correct listed items; and
(iii) contain signature lines for the Owner, the general contractor/construction manager and the Professional.
5.11.3 At the substantial completion inspection, the Professional shall
(i) inspect the Work;
(ii) add to the punch list any other items to be completed or corrected; and
(iii) determine, in writingconsultation with the Owner, whether the Work is substantially complete. If the Work is not substantially complete, the process shall be repeated until the Work is substantially complete. When the Owner, the general contractor/construction manager and the Professional agree that the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task Order. When the County or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish shall each sign the date Declaration of substantial completion, state Substantial Completion.
5.11.4 Within the responsibilities time stated for completion or correction of the County list of items included with the Declaration of Substantial Completion, the Professional shall:
(i) secure from the general contractor/construction manager all keys, manuals, required maintenance stocks, guaranties, warranties, affidavits, releases, bonds, waivers, permits, as-built and the Contractor for security, maintenance, heat, utilities, damage to the workrecord drawings and markups, and insuranceother documents necessary for close-out of the Work, including the Certificate of Occupancy;
(ii) obtain, review and determine the propriety of all close-out documents, and fix shall immediately inform the time within which general contractor/construction manager about any deficiencies; and
(iii) meet with the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion Owner’s maintenance staff to familiarize and train them with respect to maintenance and use of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to himProject.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Professional Services
Substantial Completion. A. The Date “Substantial Completion” of the Work shall be achieved when the Work has been completed to the point where Owner can lawfully occupy or utilize the Work for its intended purpose under a Certificate of Occupancy or Temporary Certificate of Occupancy (with conditions acceptable to Owner in its sole discretion) or their equivalent. Professional shall certify the date Substantial Completion of each JOC Task Orderthe Work is achieved. If Owner has designated portions of the Work to be turned over to Owner prior to Substantial Completion of the entire Work, Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. When the entire Work (or any portion thereof designated in writing by Owner) is substantially complete, Contractor shall notify Owner and Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Professional issue a Certificate of Substantial Completion. Contractor shall give Owner and Professional thirty (30) days’ notice prior to the predicted Substantial Completion inspection date. The issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the Work shall be an express condition precedent to Contractor’s right to request that Professional issue a Certificate of Substantial Completion. The written notice from Contractor referenced in the first sentence of this Section shall include a proposed punch list of all items of Work to be completed or corrected by Contractor. Within a reasonable time thereafter, Owner, Contractor and Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner and Professional do not consider the Work (or designated portion) substantially complete, Professional shall notify Contractor in writing giving the reasons therefor and the inspection process shall be repeated at no additional cost to Owner until the Work is determined to be substantially complete. In such case, Contractor shall pay the costs (including those of Professional) of all additional Substantial Completion inspections. If Owner and Professional consider the Work (or designated portion) substantially complete, Professional shall prepare and deliver to Contractor a Certificate of Substantial Completion, which shall fix the date certified by of Substantial Completion for the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, entire Work (or designated portion thereof, for the use for which it ) is intended.
B. When actually achieved by Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County and include a final punch list of items to be completed or corrected by Contractor before final payment. Such final punch list shall be in compliance with the Contract Documents and requestall Applicable Laws. Accordingly, in writing, Professional shall provide the final punch list to Contractor within seven (7) days after Contractor has achieved Substantial Completion. Contractor acknowledges and agrees that the work be inspected for substantial completion determination. Failure failure to include any corrective work or pending items not yet completed on such a the punch list does not alter the responsibility of the Contractor to complete all work the Work required under the Contract and does not waive Owner’s right to demand completion of the item pursuant to the Contract Documents prior to or after final payment. Additionally, if the Contract involves Work on more than one building or structure, or involves a multi-phased Project, a punch list shall be developed in accordance with the JOC Task Ordertimelines set forth in this Section for each building, structure, or phase of the Project. When Owner shall have the County or right to exclude Contractor from the A-E, on the basis of an inspection, jointly determine that the work Work and Project site (or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish ) after the date of substantial completionSubstantial Completion, state but Owner shall allow Contractor reasonable access to complete or correct items on the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the final punch list. Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of submit Owner’s Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor Form/Checklist and all required backup documentation for his written acceptance of the responsibilities assigned to himOwner approval.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Construction Agreement
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Orderthe Work of a phase or the entire Project will be deemed to have occurred on the later of the dates that the Work passes a Substantial Completion inspection, or designated portion thereof, is and the required Substantial Completion documentation and items have been produced. Substantial Completion will not occur prior to the date certified which all applicable governmental agencies having jurisdiction over the Work, have issued either an unconditional Certificate of Completion or unconditional Certificate of Occupancy with respect to the Work, including landscaping and common areas (whichever is applicable) and the County is otherwise able to fully utilize the Work for its intended purpose. Contractor will be responsible for obtaining the unconditional Certificate of Completion or unconditional Certificate of Occupancy (whichever is applicable) with respect to the Work, and in connection, County shall comply with all of its obligations required by the County or issuing authority in order to enable the A-E when construction Contractor to obtain such Certificate.
12.1.1 When the Construction Manager believes that the Work is sufficiently substantially complete, to allow it shall notify the County to occupy or use and the work, or designated portion thereof, appropriate Professional that the Work is ready for the use for which it is intendeda Substantial Completion inspection.
B. When Contractor considers that the work, 12.1.2 At or designated portion thereof which is acceptable prior to the County, is substantially complete as defined in the JOC Task OrderSubstantial Completion inspection, the Contractor shall Construction Manager will prepare and furnish to the Professional a Declaration of Substantial Completion, which at a minimum must:
(i) Contain a blank for entry of the date of Substantial Completion, which date will fix the commencement date of warranties and guaranties and allocate between the County and the Construction Manager responsibility for security, utilities, damage to the Work and insurance;
(ii) Include a list of items to be completed or corrected and requeststate the time within which the listed items will be completed or corrected; and
(iii) Contain signature lines for the County, the Construction Manager and the Professional.
12.1.3 Upon receipt of notification from the Construction Manager the appropriate Professional will coordinate with the County and the Construction Manager a date for inspection of the Work to determine whether the Work is substantially complete.
12.1.4 At inspections to determine whether the Work is substantially complete, the Professional will:
(i) Inspect the Work;
(ii) List additional items to be completed or corrected; and
(iii) Determine, in writingconsultation with the County, whether Substantial Completion of the Work has occurred.
12.1.5 If the Work is determined not to be substantially complete, the Work must be prosecuted until the Work is substantially complete and the inspection process must be repeated at no additional cost to the County until the Work is determined to be substantially complete.
12.1.6 On or prior to the required date of Substantial Completion, the Construction Manager will deliver to the appropriate Professional keys, permits, the certificate of occupancy, and other necessary and customary documents and items pre-requisite for the County’s occupancy and use of the Work for its intended purpose. The Professional will obtain and review Substantial Completion documentation and items, and will inform the Construction Manager of any deficiencies.
12.1.7 When the County, the Construction Manager and the appropriate Professional agree that the work be inspected Work has passed the Substantial Completion inspection and the Construction Manager has produced the required Substantial Completion documentation and items, they will each sign the Declaration of Substantial Completion declaring the Work substantially complete and establishing the actual date of Substantial Completion. The Declaration of Substantial Completion will also include a list of and timeline for substantial the completion determinationof Work needing completion and correction. Failure of the Construction Manager to include any items an item on such a the list does not alter the responsibility of the Contractor Construction Manager to complete all work Work in accordance with this Agreement.
12.1.8 The Construction Manager shall promptly correct the JOC Task Order. When Work properly rejected by the County Professional or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage failing to conform to the workrequirements of this Agreement, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, whether discovered before or designated portion thereof, unless otherwise provided in the Notification of after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting the JOC Task Order. The Notification of rejected Work, including additional testing and inspections and compensation for the Professional’s services and expenses made necessary thereby, will be at the Construction Manager’s expense.
12.1.9 Substantial Completion shall must be submitted to the Contractor for his written acceptance accompanied by a Certificate of the responsibilities assigned to himOccupancy.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Construction Management Agreement
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Order, or designated portion thereof, is When the date certified by the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare and submit to the Architect/Engineer for the County review and approval a comprehensive list of items to be completed or corrected and requesta schedule for completion (“Contractor’s List”) which is acceptable to the Owner. The Contractor shall proceed promptly to complete and correct items on the Contractor’s List, in writing, that including any items added to the work be inspected for substantial completion determinationContractor’s List by the Architect/Engineer during the Architect/Engineer’s review or the period thereafter prior to final acceptance of the Work (the Contractor’s List and any items added by Architect/Engineer prior to final acceptance of the Work are collectively called the “punch list”). Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. Upon receipt of the Contractor’s List, the Architect/Engineer will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If, upon such inspection, the Architect/Engineer determines that the Work or a designated portion thereof is not substantially complete, Contractor shall be charged with the cost to Owner of any and all additional inspections deemed necessary by the Architect/Engineer or Owner to determine that the Work or a designated portion thereof is substantially complete. When the County or the A-E, on the basis of an inspection, jointly determine that the work Work or designated portion thereof, thereof is determined by Owner to be substantially complete, they the Architect/Engineer will then prepare and issue a written notification Certificate of Substantial Completion which will shall (i) establish the date of substantial completionSubstantial Completion, state the (ii) establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and (iii) fix the time within which the Contractor shall complete finish all items on the punch list accompanying the Certificate, and (iv) specify each item on such punch list for which the warranties required by the Contract Documents shall commence on the date Owner and Architect/Engineer determine that Contractor has finally completed such punch list item in full and strict conformity to the Contract Documents. If no time period for completion of the punch list is fixed in such Certificate of Substantial Completion, the Work, including all items listed thereinon the punch list, must be completed within sixty (60) days after Substantial Completion. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless as otherwise provided in the Notification of Substantial Completion or the JOC Task OrderSection 3.11.A hereof. The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to himthem in such Certificate.
C. Should B. Upon Substantial Completion, Section 5 of the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance “Certification of Substantial Completion payment shall constitute a waiver of all claims Compliance” form [TEA §61.101(d)] must be executed by the Contractor except those previously made in writing and identified by returned to the Contractor as unsettled at the time of the Progress Payment Request for substantial completion paymentArchitect/Engineer, except for the retention sums due subsequent who will forward same to final completionOwner.
Appears in 1 contract
Sources: Construction Contract
Substantial Completion. A. The Date of § 15.6.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Contract Documents so that the Owner can occupy or use utilize the work, or designated portion thereof, Work for the use for which it is intendedits intended use.
B. § 15.6.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Owner a comprehensive list of items to be completed or corrected within thirty (30) days and request, in writing, that the work be inspected for substantial completion determinationprior to final payment. Failure to include any items an item on such a list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When Contract Documents.
§ 15.6.3 Upon receipt of the County or Contractor’s list, the A-E, on Owner will make an inspection to determine whether the basis of an inspection, jointly determine that the work Work or designated portion thereofthereof is substantially complete. If the Owner’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another inspection by the Owner to determine Substantial Completion.
§ 15.6.3.1 When the Owner determines that the Work or designated portion thereof is substantially complete, they the Owner will then prepare and issue a written notification Certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion; establish responsibilities as approved by Owner, state the responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, ; and fix the time within which the Contractor shall complete finish all items on the items listed thereinlist accompanying the Certificate. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Order. Completion.
§ 15.6.4 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should them in the County or Certificate. Upon such acceptance and consent of surety, if any, the A-E determine that Owner shall make payment of retainage applying to the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work Work or designated portion thereof is not substantially completedthereof. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion Such payment shall constitute a waiver of all claims by be adjusted for Work that is incomplete or not in accordance with the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time requirements of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionContract Documents.
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Contractor
Substantial Completion. A. The Date “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified approved by the County Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workWork, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof which is acceptable to the County, is substantially complete as defined in complete. If the JOC Task OrderODR does not consider the Work substantially complete, the ODR will notify the Contractor shall prepare for the County a list of items to be completed or corrected and requestgiving reasons, in writing, that the work be inspected for substantial completion determinationtherefore. Failure on the Owner’s part to include any items on such list a list reason does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Orderterms of this Agreement. When After satisfactorily completing items identified by Owner’s Designated Representative, the County or Contractor shall then submit another request for the A-E, on ODR to determine Substantial Completion. If The ODR considers the basis of an inspection, jointly determine that the work or designated portion thereof, is Work substantially complete, they The ODR will then prepare and issue deliver a written notification certificate of Substantial Completion which will shall establish the date of substantial completionSubstantial Completion, state shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the workWork, warranty and insurance, and fix . Failure to include an item on the time within which punch list does not alter the responsibility of the Contractor shall to complete all Work in accordance with the items listed therein. Warranties required by the JOC Task Order shall not commence until the date terms and conditions of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Orderthis Agreement. The Notification certificate of Substantial Completion shall be submitted to signed by the Owner and the Contractor for his written to evidence acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedthem in such certificate. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County (as defined in this agreement) for all costs associated with such re-inspection by stages of the A-E.
D. The acceptance of Work shall be achieved on or before the following Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.date:
Appears in 1 contract
Sources: Construction Contract
Substantial Completion. A. The Date of Substantial Completion of each JOC Task OrderWhen Design/Build Firm considers in good faith that the Work, or any portion thereof designated portion thereofby Contract Administrator pursuant to Section 4.8 herein, is has reached Substantial Completion, Design/Build Firm shall so notify the date certified by Contract Administrator, Design/Build Architect/Engineer, and the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County a list of items to be completed or corrected and request, Project Manager in writing, that . The County Project Manager and Design/Build Architect/Engineer shall then promptly inspect the work be inspected for substantial completion determination. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work in accordance with the JOC Task OrderWork. When the County or the A-EProject Manager and Design/Build Architect/Engineer, on the basis of such an inspection, jointly determine that the work Work, or the designated portion thereof, is substantially complete, they the County Project Manager will then notify the Contract Administrator and prepare and issue a written notification Certificate of Substantial Completion (Form 10) for the Contract Administrator's approval. The Contract Administrator shall sign the Certificate of Substantial Completion, which will shall establish the date of substantial completion, Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the County and the Contractor Design/Build Firm for security, maintenance, heat, utilities, damage to the workWork, and insuranceinsurance. The estimated cost of the Project is as follows (select one): less than $10,000,000. Within thirty (30) calendar days after the issuance of the Certificate of Substantial Completion, Consultant and fix the time Contract Administrator shall develop and Design/Build Firm shall review the Punch List. equal to or greater than $10,000,000. Within forty-five (45) calendar days after the issuance of the Certificate of Substantial Completion, Consultant and the Contract Administrator shall develop and Design/Build Firm shall review the Punch List. The Punch List shall describe all Work yet to be completed by Design/Build Firm, including the estimated cost to complete each item of Work on the Punch List, to satisfy the requirements of this Contract for Final Completion and to make the Work satisfactory and acceptable. The County Project Manager shall provide the Punch List to Design/Build Firm within which five (5) days after the Contractor Punch List's final development and review. If the final Punch List is not provided within the stated five (5) days, the Contract Time for completion shall be extended by the number of days exceeding the five (5) days. The failure to include any items of corrective Work or remaining Work on such Punch List does not alter the responsibility of Design/Build Firm to complete the items listed thereinall Work in accordance with this Contract. Warranties required by the JOC Task Order this Contract shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task OrderCompletion. The Notification Certificate of Substantial Completion shall be submitted by the Contract Administrator to the Contractor Design/Build Firm for his Design/Build Firm's written acceptance of the responsibilities assigned to him.
C. Should it in the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completedCertificate of Substantial Completion. The Contractor process for developing the estimated cost of each item of Work on the Punch List shall expeditiously complete use the following methodology or methodologies (select all that apply): Direct costs Prorated value of outstanding Work based on Design/Build Firm’s original Schedule of Values Unit prices provided in the bid Labor costs per hour Per square foot of site area Per assembly Historical and current prices for similar work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Industry cost database(s) Other:
Appears in 1 contract
Sources: Design/Build Contract
Substantial Completion. A. The Date of 9.8.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, thereof is complete and in compliance with the date certified by Contract Documents except for minor items so that the County or the A-E when construction is sufficiently complete, to allow the County to Owner can completely occupy or use fully utilize the workWork for its intended use. Owner's Occupancy under conditional approval by public authorities having jurisdiction over the Work, or designated portion thereofoccupancy of a facility or otherwise utilizing the Work under duress, for the use for which it is intendedshall not be considered Substantial Completion.
B. 9.8.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall promptly prepare for and submit to the County Design Professional a list of items comprehensive Contractor's Punch List inclusive and all incomplete and non- compliant Work to be completed or corrected prior to final payment, as well as, the requirements of Subparagraph 9.10.2.
9.8.3 The Contractor shall submit along with the punch list a separate and request, detailed Closeout Schedule indicating the date of Final Completion and all work to be completed before Final Completion including Close-Out requirements as provided in writing, that the work be inspected for substantial completion determinationParagraph 9.10. Failure to include any items item on such a punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents.
9.8.4 Upon receipt of the Contractor's Punch List and Closeout Schedule, the Design Professional will within ten (10) days make an inspection to determine whether the Work or designated portion thereof is substantially complete. When If the County Design Professional's inspection discloses any item, whether or the A-E, not included on the basis of an inspectionContractor's list, jointly determine which is not sufficiently complete in accordance with the Contract Documents so that the work Owner can occupy or utilize the Work or designated portion thereof, as it is fully intended and designed to be used , the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon inspection by the Design Professional to determine Substantial Completion. In the event the Work does appear Substantially Complete, the Design Professional will review the Contractor's Punch List for completeness required for issuance of Substantial Completion. The Contractor shall be responsible for cost of excessive Design Professional time and effort in completing list of incomplete and non-compliant Work not included in Contractor's Punch List or otherwise due to Contractor's neglect of responsibilities of Subparagraph 9.8.2.
9.8.5 When the Work or designated portion thereof is substantially complete, they the Design Professional will then prepare and issue a written notification Certificate of Substantial Completion, with the Owner's prior approval, which will shall establish the date of substantial completionSubstantial Completion, state the shall establish responsibilities of the County Owner and the Contractor for security, security maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall complete finish all items on the items listed therein. list accompanying the Certificate in accordance with Subparagraph 9.8.2..
9.8.6 Warranties shall be in accordance with this Subparagraph 9.8.6 and Paragraph 12.2 and shall include all components and equipment required by the JOC Task Order Contract Documents. All Work shall not commence until be warranted for the greater of:
1. a minimum of one (1) year from the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.Completion;
Appears in 1 contract
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Order
8.6.1 When the Contractor believes that the Work, or a portion thereof designated portion thereof, is in the date certified Contract Documents for separate completion or approved for separate completion by the County or the A-E when construction Airport Authority in writing, is sufficiently complete, the Contractor shall carefully review the Work and prepare a punchlist of items for completion by the Subcontractors. A copy of the Contractor’s punchlist shall be provided to allow the County Designer and the Airport Authority. The Contractor shall monitor the completion of such punchlist items by the Subcontractors, and when the Contractor is confident that all punchlist items necessary to occupy establish substantial completion have been completed, it shall submit a written request to the Airport Authority to conduct an inspection for substantial completion of the Work or use the work, or designated such portion thereof, for . The Contractor shall submit such request only if and when the use for which it is intended.
B. When Contractor considers that the workWork, or designated such portion thereof which is acceptable to the Countythereof, is substantially complete as defined in Subparagraph 7.1.2, all tests and start-ups have been performed with a satisfactory outcome, and such request shall be accompanied by three (or such greater number is may be requested by the JOC Task OrderAirport Authority) complete sets of all warranties and guarantees required by the Contract Documents, in a form satisfactory to the Designer and the Airport Authority.
8.6.2 If the Airport Authority receives a proper request for inspection for substantial completion as provided above, the Contractor Designer, the Authority’s Representative and other representatives of the Airport Authority shall inspect the Work or such portion thereof and shall prepare for the County a list punchlist of items to be completed or corrected corrected, or review, confirm and request, in writing, that modify as appropriate the work be inspected for substantial completion determinationpunchlist prepared by the Contractor. Failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents. The Contractor shall, promptly and as a condition to achieving substantial completion, correct or complete any items identified in the Airport Authority’s inspection which are necessary to be completed or corrected for the Airport Authority to efficiently use or occupy the Work or such portion thereof for the use for which it is intended or if the completion or correction thereof after the Airport Authority commenced use and occupancy would entail a risk of damage to completed work.
8.6.3 When the County or Designer, in consultation with the A-EAuthority’s Representative, on the basis of an inspection, jointly determine inspection determines that the work Work or designated portion thereof, thereof is substantially complete, they and when the Contractor has complied with the provisions of Paragraph 4.2 and all other conditions precedent to Substantial Completion provided for in the Contract Documents have been satisfied, the Designer will then prepare and issue a written notification Certificate of Substantial Completion which will upon the Airport Authority's approval shall establish the date of substantial completionSubstantial Completion, shall state the respective responsibilities of the County Airport Authority and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall complete the items listed therein, which shall in no event be greater than 90 days after the date of Substantial Completion. The Authority’s Representative shall join in the preparation and issuance of the Certificate of Substantial Completion. Warranties and guarantees required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task OrderCompletion. The Notification Certificate of Substantial Completion shall be submitted to the Airport Authority and the Contractor for his their written acceptance of the responsibilities assigned to himthem in such Certificate.
C. Should 8.6.4 Upon receipt by the County or Airport Authority of a Certificate of Substantial Completion submitted by the A-E Designer and the Authority’s Representative, the Contractor may request partial release of retainage as provided in Paragraph 8.3.
8.6.5 If, through no fault of the Designer, the Designer (including its subconsultants) is required to conduct more than two (2) inspections of any portion of the Work to determine that whether such portion of the work, or the portion thereof designated by Contractor, Work is not substantially complete, they shall provide the Contractor a written notice stating why shall be responsible for any fees assessed by the work or designated portion thereof is not substantially completedDesigner for additional services on account of such additional inspections. The Contractor shall expeditiously complete promptly reimburse the work and shall submit a second written request that Airport Authority for any such additional fees or, if the County or same are not promptly reimbursed, the A-E perform a Substantial Completion inspection. The Contractor shall pay Airport Authority may deduct such amounts due from amounts otherwise payable to the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionContractor.
Appears in 1 contract
Sources: Construction Services Agreement
Substantial Completion. A. The Date of 5.7.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Contract Documents so that the Owner can occupy or use utilize the workWork for its intended use; provided, or designated portion thereofhowever, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and any other permits, approvals, licenses, and other documents from any governmental authority having jurisdiction thereof necessary for the use for which it is intendedbeneficial occupancy of the Project.
B. 5.7.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Owner a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment (punch list). Failure to include any items an item on such a the punch list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task Order. When Contract Documents.
5.7.3 Upon receipt of the County or Contractor’s punch list, the A-E, on Owner will examine the basis of an inspection, jointly Work to determine that whether the work Work or designated portion thereofthereof is substantially complete. If the Owner’s examination discloses any item, whether or not included on the Contractor’s punch list, that is not sufficiently complete in accordance with the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another examination by the Owner to determine Substantial Completion.
5.7.4 When the Work or designated portion thereof is substantially complete, they the Owner will then prepare and issue a written notification which will Certificate of Substantial Completion that shall establish the date of substantial completionSubstantial Completion, state the shall establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless otherwise provided, Contractor shall complete all items on the items listed thereinpunch list within thirty (30) calendar days of Substantial Completion. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. portion
5.7.5 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with them in such re-inspection by the A-E.
D. The acceptance Certificate of Substantial Completion Completion. Upon such acceptance and consent of surety, if any, the Owner shall make 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionretainage.
Appears in 1 contract
Sources: Construction Agreement
Substantial Completion. A. The Date a) Upon substantial completion of Substantial Completion of each JOC Task Orderthe work required by a Contract with the commonwealth, or designated portion thereof, is the date certified by the County any agency or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, or designated portion political subdivision thereof, for the use for which it is intended.
B. When Contractor considers that the workconstruction, reconstruction, alteration, remodeling, repair or designated portion thereof which is acceptable to the Countyimprovement of public ways, is substantially complete as defined in the JOC Task Orderincluding bridges and other highway structures, sewers and, water mains, airports and other public works, the Contractor shall present in writing to the awarding authority its certification that the work has been substantially completed. Within twenty-one days thereafter, the awarding authority shall present to the Contractor either a written declaration that the work has been substantially completed or an itemized list of incomplete or unsatisfactory work items required by the Contract sufficient to demonstrate that the work has not been substantially completed. The awarding authority may include with such list a notice setting forth a reasonable time, which shall not in any event be prior to the Contract completion date, within which the Contractor must achieve substantial completion of the work. In the event that the awarding authority fails to respond, by presentation of a written declaration or itemized list as aforesaid, to the Contractor's certification within the twenty-one day period, the Contractor's certification shall take effect as the awarding authority's declaration that the work has been substantially completed.
b) Within sixty-five days after the effective date of a declaration of a substantial completion, the awarding authority shall prepare and forthwith send to the Contractor for acceptance a substantial completion estimate for the County quantity and price of the work done and all but one per cent retainage, if held by the awarding authority, on that work, including the quantity, price and all but one per cent retainage, if held by the awarding authority, for the undisputed part of each work item and extra work item in dispute but excluding the disputed part thereof, less the estimated cost of completing all incomplete and unsatisfactory work items and less the total periodic payments made to date for the work. The awarding authority also shall deduct from the substantial completion estimate an amount equal to the sum of all demands for direct payment filed by Subcontractors and not yet paid to Subcontractors or deposited in joint accounts pursuant to section thirty-nine F, but no Contract subject to said section thirty-nine F shall contain any other provision authorizing the awarding authority to deduct any amount by virtue of claims asserted against the Contract by Subcontractors, material suppliers or others.
c) If the awarding authority fails to prepare and send to the Contractor any substantial completion estimate required by this section on or before the date herein above set forth, the awarding authority shall pay to the Contractor interest on the amount which would have been due to the Contractor pursuant to such substantial completion estimate at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston from such date to the date on which the awarding authority sends that substantial completion estimate to the Contractor for acceptance or to the date of payment therefor, whichever occurs first. The awarding authority shall include the amount of such interest in the substantial completion estimate.
d) Within fifteen days after the effective date of the declaration of substantial completion, the awarding authority shall send to the Contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items, and, unless delayed by causes beyond his control, the Contractor shall complete all such work items within forty-five days after the receipt of such list or before the then Contract completion date, whichever is later. If the Contractor fails to complete such work within such time, the awarding authority may, subsequent to seven days' written notice to the Contractor by certified mail, return receipt requested, terminate the Contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the Contractor.
e) Within thirty days after receipt by the awarding authority of a notice from the Contractor stating that all of the work required by the Contract has been completed, the awarding authority shall prepare and forthwith send to the Contractor for acceptance a final estimate for the quantity and price of the work done and all retainage, if held by the awarding authority, on that work less all payments made to date, unless the awarding authority's inspection shows that work items required by the Contract remain incomplete or unsatisfactory, or that documentation required by the Contract has not been completed. If the awarding authority fails to prepare and send to the Contractor the final estimate within thirty days after receipt of notice of completion, the awarding authority shall pay to the Contractor interest on the amount which would have been due to the Contractor pursuant to such final estimate at the rate hereinabove provided from the thirtieth day after such completion until the date on which the awarding authority sends the final estimate to the Contractor for acceptance or the date of payment therefor, whichever occurs first, provided that the awarding authority's inspection shows that no work items required by the Contract remain incomplete or unsatisfactory. Interest shall not be paid hereunder on amounts for which interest is required to be completed paid in connection with the substantial completion estimate as hereinabove provided. The awarding authority shall include the amount of the interest required to be paid hereunder in the final estimate.
f) The awarding authority shall pay the amount due pursuant to any substantial completion or corrected final estimate within thirty-five days after receipt of written acceptance for such estimate from the Contractor and requestshall pay interest on the amount due pursuant to such estimate at the rate hereinabove provided from that thirty-fifth day to the date of payment. Within 15 days, 30 days in the case of the commonwealth, after receipt from the Contractor, at the place designated by the awarding authority, if such place is so designated, of a periodic estimate requesting payment of the amount due for the preceding periodic estimate period, the awarding authority shall make a periodic payment to the Contractor for the work performed during the preceding periodic estimate period and for the materials not incorporated in the work but delivered and suitably stored at the site, or at some location agreed upon in writing, that to which the work be inspected for substantial completion determination. Failure Contractor has title or to include any items on such which a list does not alter the responsibility of Subcontractor has title and has authorized the Contractor to complete transfer title to the awarding authority, upon certification by the Contractor that he is the lawful owner and that the materials are free from all work encumbrances. The awarding authority shall include with each such payment interest on the amount due pursuant to such periodic estimate at the rate herein above provided from the due date. In the case of periodic payments, the Contracting authority may deduct from its payment a retention based on its estimate of the fair value of its claims against the Contractor, a retention for direct payments to Subcontractors based on demands for same in accordance with the JOC Task Order. When provisions of section thirty-nine F, and a retention to secure satisfactory performance of the County Contractual work not exceeding five per cent of the approved amount of any periodic payment, and the same right to retention shall apply to bonded Subcontractors entitled to direct payment under section thirty- nine F of chapter thirty; provided, that a five per cent value of all items that are planted in the ground shall be deducted from the periodic payments until final acceptance.
g) No periodic, substantial completion or final estimate or acceptance or payment thereof shall bar a Contractor from reserving all rights to dispute the quantity and amount of, or the A-Efailure of the awarding authority to approve a quantity and amount of, on all or part of any work item or extra work item.
h) Substantial completion, for the basis purposes of an inspectionthis section, jointly determine shall mean either that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date Contract has been completed except for work having a Contract price of final completion less than one per cent of the workthen adjusted total Contract price, or designated portion thereof, unless otherwise provided in the Notification of Substantial Completion or the JOC Task Order. The Notification of Substantial Completion shall be submitted to the Contractor for his written acceptance substantially all of the responsibilities assigned work has been completed and opened to him.
C. Should public use except for minor incomplete or unsatisfactory work items that do not materially impair the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why usefulness of the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection required by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionContract.
Appears in 1 contract
Sources: Contract Between City and Contractor for Public Construction
Substantial Completion. A. The Date of § 9.8.1 Substantial Completion is the stage in the progress of each JOC Task Order, the Work when the Work or designated portion thereof, is the date certified by the County or the A-E when construction thereof is sufficiently complete, to allow complete in accordance with the County to Contract Documents so that the Owner can occupy or use utilize the work, or designated portion thereof, Work for the use for which it is intendedits intended use.
B. § 9.8.2 When the Contractor considers that the workWork, or designated a portion thereof which is acceptable the Owner agrees to the Countyaccept separately, is substantially complete as defined in the JOC Task Ordercomplete, the Contractor shall prepare for and submit to the County Architect a comprehensive list of items to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationprior to final payment. Failure to include any items an item on such a list does not alter the responsibility of the Contractor to complete all work Work in accordance with the JOC Task OrderContract Documents.
§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.
§ 9.8.3.1 The Architect shall not be required to make inspections to determine Substantial Completion when the Work is not sufficiently complete or will result in extensive lists of items to be completed or corrected. When the County Work is not sufficiently complete and such inspections are requested by the Contractor or are necessary to allow Owner occupancy by the Arequired substantial completion date, the Owner shall have the right to deduct from the Contract Sum amounts paid to the Architect for additional services to conduct such inspections.
§ 9.8.3.2 The Architect’s inspection of any portion of the Work to determine whether such portion of the Work is substantially complete will be limited to an initial inspection and one (1) re-E, on inspection. Additional re-inspections will be made only with the basis consent of an inspection, jointly determine that the work Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for such additional re-inspections.
§ 9.8.4 When the Work or designated portion thereof, thereof is substantially complete, they the Architect will then prepare and issue a written notification which will Certificate of Substantial Completion that shall establish the date of substantial completion, state the Substantial Completion; establish responsibilities of the County Owner and the Contractor for security, maintenance, heat, utilities, damage to the work, Work and insurance, ; and fix the time within which the Contractor shall complete finish all items on the items listed thereinlist accompanying the Certificate. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the work, Work or designated portion thereof, thereof unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Order. Completion.
§ 9.8.5 The Notification Certificate of Substantial Completion shall be submitted to the Owner and Contractor for his their written acceptance of the responsibilities assigned to him.
C. Should them in the County or such Certificate. Upon such acceptance, and consent of surety if any, the A-E determine that Owner shall make payment of retainage applying to the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work Work or designated portion thereof is not substantially completedthereof. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion Such payment shall constitute a waiver of all claims by be adjusted for Work that is incomplete or not in accordance with the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time requirements of the Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completionContract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Substantial Completion. A. The Date “Substantial Completion” of the Work shall be achieved when the Work has been completed to the point where Owner can lawfully occupy or utilize the Work for its intended purpose under a Certificate of Occupancy or Temporary Certificate of Occupancy (with conditions acceptable to Owner in its sole discretion) or their equivalent. Professional shall certify the date Substantial Completion of the Work is achieved. When the entire Work (or any portion thereof designated in writing by Owner) is substantially complete, Construction Manager shall notify Owner and Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Professional issue a Certificate of Substantial Completion (or Certificate of each JOC Task OrderPartial Substantial Completion). Construction Manager shall give Owner and Professional thirty (30) days’ notice prior to the predicted Substantial Completion inspection date. Construction Manager shall submit Owner’s Substantial Completion Form/Checklist and all required backup documentation for Owner approval. The issuance of a Certificate of Substantial Completion for the Work shall be an express condition precedent to Contractor’s right to request a Certificate of Occupancy or Temporary Certificate of Occupancy. The written notice from Construction Manager referenced in this Section 10.1 shall include a proposed punch list of all items of Work to be completed or corrected by Construction Manager. Within a reasonable time thereafter, Owner, Construction Manager and Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner and Professional do not consider the Work (or designated portion) substantially complete, Professional shall notify Construction Manager in writing giving the reasons therefor and the inspection process shall be repeated at no additional cost to Owner until the Work is determined to be substantially complete. In such case, Construction Manager shall pay the costs (including those of Professional) of all additional Substantial Completion inspections. If Owner and Professional consider the Work (or designated portion) substantially complete, Professional shall prepare and deliver to Construction Manager a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date certified by of Substantial Completion for the County or the A-E when construction is sufficiently complete, to allow the County to occupy or use the work, entire Work (or designated portion thereof, for the use for which it ) is intended.
B. When Contractor considers that the work, or designated portion thereof which is acceptable to the County, is substantially complete as defined in the JOC Task Order, the Contractor shall prepare for the County actually achieved by Construction Manager and include a final punch list of items to be completed or corrected by Construction Manager before final payment. . The final punch list shall be in compliance with the Contract Documents and requestall Applicable Laws. Accordingly, in writing, Professional shall provide the final punch list to Construction Manager within seven (7) days after Construction Manager has achieved Substantial Completion. Construction Manager acknowledges and agrees that the work be inspected for substantial completion determination. Failure failure to include any corrective work or pending items not yet completed on such a the punch list does not alter the responsibility of the Contractor Construction Manager to complete all work the Work required under the Contract and does not waive Owner’s right to demand completion of the item pursuant to the Contract Documents prior to or after final payment. Additionally, if the Contract involves Work on more than one building or structure, or involves a multi-phased Project, a punch list shall be developed in accordance with the JOC Task Ordertimelines set forth in this Section 10.1 for each building, structure, or phase of the Project. When Owner shall have the County or right to exclude Construction Manager from the A-E, on the basis of an inspection, jointly determine that the work Work and Project site (or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish ) after the date of substantial completionSubstantial Completion (or partial Substantial Completion), state but Owner shall allow Construction Manager reasonable access to complete or correct items on the responsibilities final punch listFollowing the issuance of the County and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, or designated portion thereof, unless otherwise provided in the Notification Certificate of Substantial Completion or the JOC Task Orderand submittal of other documents required by Owner, Construction Manager may apply to Owners Building Code Office for a Certificate of Occupancy. The Notification At Substantial Completion, an updated certified as-built survey of Substantial Completion all applicable utilities (electric, natural gas, chilled water, potable water, and domestic wastewater) shall be submitted provided to the Contractor Owner for his written acceptance updating of the responsibilities assigned to himOwner’s Utility Mapping System.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
Appears in 1 contract
Sources: Construction Management Agreement
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Orderthe Work of a phase will be deemed to have occurred on the later of the dates that the Work passes a Substantial Completion inspection, or designated portion thereof, is and the required Substantial Completion documentation and items have been produced. Substantial Completion will not occur prior to the date certified which all applicable governmental agencies having jurisdiction over the Work, have issued either an unconditional Certificate of Completion or unconditional Certificate of Occupancy with respect to the Work, including landscaping and common areas (whichever is applicable) and the County is otherwise able to fully utilize the Work for its intended purpose. Contractor will be responsible for obtaining the unconditional Certificate of Completion or unconditional Certificate of Occupancy (whichever is applicable) with respect to the Work, and in connection, County shall comply with all of its obligations required by the County or issuing authority in order to enable the A-E when construction Contractor to obtain such Certificate.
12.1.1 When the Construction Manager believes that the Work is sufficiently substantially complete, to allow it shall notify the County to occupy or use and the work, or designated portion thereof, appropriate Professional that the Work is ready for the use for which it is intendeda Substantial Completion inspection.
B. When Contractor considers that the work, 12.1.2 At or designated portion thereof which is acceptable prior to the County, is substantially complete as defined in the JOC Task OrderSubstantial Completion inspection, the Contractor shall Construction Manager will prepare and furnish to the Professional a Declaration of Substantial Completion, which at a minimum must:
(i) Contain a blank for entry of the date of Substantial Completion, which date will fix the commencement date of warranties and guaranties and allocate between the County and the Construction Manager responsibility for security, utilities, damage to the Work and insurance;
(ii) Include a list of items to be completed or corrected and requeststate the time within which the listed items will be completed or corrected; and
(iii) Contain signature lines for the County, the Construction Manager and the Professional.
12.1.3 Upon receipt of notification from the Construction Manager the appropriate Professional will coordinate with the County and the Construction Manager a date for inspection of the Work to determine whether the Work is substantially complete.
12.1.4 At inspections to determine whether the Work is substantially complete, the Professional will:
(i) Inspect the Work;
(ii) List additional items to be completed or corrected; and
(iii) Determine, in writingconsultation with the County, whether Substantial Completion of the Work has occurred.
12.1.5 If the Work is determined not to be substantially complete, the Work must be prosecuted until the Work is substantially complete and the inspection process must be repeated at no additional cost to the County until the Work is determined to be substantially complete.
12.1.6 On or prior to the required date of Substantial Completion, the Construction Manager will deliver to the appropriate Professional keys, permits, the certificate of occupancy, and other necessary and customary documents and items pre-requisite for the County’s occupancy and use of the Work for its intended purpose. The Professional will obtain and review Substantial Completion documentation and items, and will inform the Construction Manager of any deficiencies.
12.1.7 When the County, the Construction Manager and the appropriate Professional agree that the work be inspected Work has passed the Substantial Completion inspection and the Construction Manager has produced the required Substantial Completion documentation and items, they will each sign the Declaration of Substantial Completion declaring the Work substantially complete and establishing the actual date of Substantial Completion. The Declaration of Substantial Completion will also include a list of and timeline for substantial the completion determinationof Work needing completion and correction. Failure of the Construction Manager to include any items an item on such a the list does not alter the responsibility of the Contractor Construction Manager to complete all work Work in accordance with this Agreement.
12.1.8 The Construction Manager shall promptly correct the JOC Task Order. When Work properly rejected by the County Professional or the A-E, on the basis of an inspection, jointly determine that the work or designated portion thereof, is substantially complete, they will then prepare and issue a written notification which will establish the date of substantial completion, state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage failing to conform to the workrequirements of this Agreement, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the JOC Task Order shall not commence until the date of final completion of the work, whether discovered before or designated portion thereof, unless otherwise provided in the Notification of after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting the JOC Task Order. The Notification of rejected Work, including additional testing and inspections and compensation for the Professional’s services and expenses made necessary thereby, will be at the Construction Manager’s expense.
12.1.9 Substantial Completion shall must be submitted to the Contractor for his written acceptance accompanied by a Certificate of the responsibilities assigned to himOccupancy.
C. Should the County or the A-E determine that the work, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection by the A-E.
D. The acceptance of Substantial Completion 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 Progress Payment Request for substantial completion payment, except for the retention sums due subsequent to final completion.
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Sources: Construction Management Agreement
Substantial Completion. A. The Date of Substantial Completion of each JOC Task Order, or designated portion thereof, is the date certified by stage at which the County or the A-E when construction Service is sufficiently complete, to allow complete so that Company can utilize the County to occupy or use Service for its intended purpose. When the work, or designated portion thereof, for the use for which it is intended.
B. When Contractor considers that the workServices, or a designated portion thereof which as is acceptable to the CountyCompany, is substantially complete as defined in Substantially Complete, and when Contractor has satisfactorily completed inspections, tests and documentation that are required by the JOC Task OrderContract Documents, the Contractor shall promptly give notice to Company, specifying the Services completed and the date it was completed. Contractor and Company shall then promptly participate in a walk- through inspection of the Services, and shall jointly prepare for the County a punch-list of items remaining to be completed or corrected and request, in writing, that the work be inspected for substantial completion determinationcorrected. Failure The failure to include any items on such a list does not alter the responsibility of the Contractor to complete all work Services in accordance with the JOC Task OrderContract Documents. When the County or the A-ECompany determines, on the basis of an inspectionthis review, jointly determine that the work Services or designated portion thereofthereof is Substantially Complete, is substantially complete, they will then prepare the Company and issue the Contractor shall execute a written notification which will certificate of Substantial Completion that shall establish the date of substantial completion, state Substantial Completion. The certificate of Substantial Completion shall also establish the responsibilities of the County Company and the Contractor for security, maintenance, heat, utilities, damage to the work, Services and insurance, and shall fix the time within which the Contractor shall complete or correct the items listed therein. Warranties required by the JOC Task Order Contract Documents shall not commence until on the date of final completion Substantial Completion of the workServices, or designated portion thereof, unless otherwise provided in the Notification certificate of Substantial Completion or the JOC Task OrderCompletion. The Notification of Upon Substantial Completion shall be submitted to the Contractor for his written acceptance of the responsibilities assigned to him.
C. Should the County or the A-E determine that the workServices, or the portion thereof designated by Contractor, is not substantially complete, they shall provide the Contractor a written notice stating why the work or designated portion thereof is not substantially completed. The Contractor shall expeditiously complete the work thereof, and shall submit a second written request that the County or the A-E perform a Substantial Completion inspection. The Contractor shall pay the County for all costs associated with such re-inspection upon application by the A-E.
D. The acceptance of Substantial Completion payment Contractor, the Company 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 Progress Payment Request for substantial completion make payment, except reflecting adjustment in retention, if any, for such Services or portion thereof as provided in the retention sums due subsequent to final completionContract Documents.
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