Common use of USE OF COMPLETED PORTIONS OF WORK Clause in Contracts

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by Owner, any portion of Work performed by Contractor is in a condition suitable for use, Owner may issue a certificate of Substantial Completion (Partial Utilization) for that portion and take possession of or use such portion. Such certificate of Substantial Completion (Partial Utilization) will be issued in accordance with the applicable requirements of General Condition 71 “SUBSTANTIAL COMPLETION”. Such use by Owner shall in no case be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any of the conditions thereof, provided, that Contractor shall not be liable for the cost of repairs, rework, or renewals which may be required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment in its compensation and/or schedule under this Contract.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by OwnerTown, any portion of Work performed by Contractor Construction Manager is in a condition suitable for use, Owner Town may issue a certificate of Substantial Completion (Partial Utilization) for that portion and take possession of or use such portion. Such certificate Certificate of Substantial Completion (Partial Utilization) will be issued in accordance with the applicable requirements of General Condition GC 71 “SUBSTANTIAL COMPLETION”. Such use by Owner Town shall in no case be construed as constituting final acceptance, and shall neither relieve Contractor Construction Manager of any of its responsibilities under the Contract, nor act as a waiver by Owner Town of any of the conditions thereof, provided, that Contractor Construction Manager shall not be liable for the cost of repairs, rework, or renewals which may be required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of Work, Contractor Construction Manager shall be entitled to an equitable adjustment in its compensation and/or schedule under this Contract.