Common use of Substantial Performance Clause in Contracts

Substantial Performance. When the Contractor believes that it has achieved Substantial Performance, the Contractor shall submit written notice (the “Contractor Substantial Performance Notice”) to the Owner so certifying such event (which notice shall be accompanied by a report as to the results of the Site Acceptance Test any other information deemed reasonably necessary by the Contractor and a proposed Punch List) and certifying as to the items required by the definition of Substantial Performance, such certification of the items required by the definition of Substantial Performance to be in the form attached hereto as Schedule 4. Immediately thereafter, the Owner shall conduct those investigations and inspections as it deems necessary or appropriate to determine if Substantial Performance has in fact been achieved. The Contractor shall furnish to the Owner any additional supporting information reasonably requested by the Owner. In the event that Owner determines that Substantial Performance has not been achieved, it shall within ten (10) Working Days of receipt of Contractor’s notice by the Owner state the reasons therefor and/or provide comments to the proposed Punch List. In the event that Owner determines that Substantial Performance has been achieved, it shall within fifteen (15) Working Days after the receipt of the Contractor’s notice by the Owner notify the Contractor that Substantial Performance has been achieved by providing a notice substantially in the form of the notice attached hereto as Schedule 15. In the event that the Owner provides written notice that Substantial Performance has been achieved (the “Owner Substantial Performance Notice”), the Contractor and the Owner shall execute a “Certificate of Substantial Performance” establishing and identifying the “Substantial Performance Date” as the date on which the Contractor delivered the final Contractor Substantial Performance Notice. In the event that the Owner provides written notice that Substantial Performance has not been achieved, the Contractor shall, at its sole cost and expense, immediately correct and/or remedy the defects, deficiencies and other conditions in the Work which so prevent Substantial Performance. Upon completion of any such corrective and/or remedial actions and upon not less than five (5) Working Days prior written Notice to the Owner, the Contractor shall re- perform the Site Acceptance Test as provided in Section 12.1.