|
W
<br /> WASTE MANAGEMENT
<br /> the obligation, to contact any Subcontractors to ascertain whether they have been properly and
<br /> timely paid.
<br /> 9.7.8 As a condition of payment by Owner, the Contractor shall keep the Project free of Liens. In the
<br /> event Liens are filed by any party other than the Contractor relating to the Work, the Contractor
<br /> shall, upon five (5) Days' written notice from the Owner, take all necessary steps to remove such
<br /> Liens, including, without limitation, the posting of a Bond to remove the Lien of record. Any costs
<br /> incurred by the Contractor in removing the Lien shall be borne solely by Contractor. If a Lien is filed
<br /> against the Project,Work,Site,Owner,or its affiliated companies,their respective officers,directors,
<br /> employees, subcontractors and/or agents, then Owner may at its option (and without any liability
<br /> being attributed to Owner)withhold further payment to the Contractor under this Agreement and/or
<br /> avail itself of such other remedies as it may have at law, in equity or pursuant to the terms and
<br /> conditions of this Agreement and, in such case, the Contractor shall be solely responsible for the
<br /> payment of all costs and expenses regarding the removal and satisfaction of record of all Liens filed.
<br /> To the fullest extent permitted by law and to the extent of payments made by Owner to Contractor,
<br /> the Contractor for itself, its employees, agents and Subcontractors, at any tier, waives and releases
<br /> any and all rights of Liens for payment for Work performed or material provided by Contractor, its
<br /> employees, agents and/or Subcontractors, at any tier.
<br /> 9.8 Substantial Completion
<br /> 9.8.1 When Contractor believes it has achieved Substantial Completion of the Work or a portion thereof
<br /> and Owner agrees, Owner's Authorized Representative shall inspect the Work and prepare a
<br /> comprehensive Punch List of items to be completed or corrected. Contractor shall proceed
<br /> promptly to complete and correct the Punch List. Failure of Owner to include an item on such
<br /> Punch List does not alter the responsibility of Contractor to complete the Work in accordance with
<br /> the Contract Documents.
<br /> 9.8.2 If the Owner's Authorized Representative's inspection discloses that Contractor has not achieved
<br /> Substantial Completion, Contractor shall complete the remaining Work required to achieve
<br /> Substantial Completion and shall then submit a request for another inspection by Owner's
<br /> Authorized Representative to determine Substantial Completion. Should any inspection fail to
<br /> comply with Contractor's claim of Substantial Completion, Owner may recover or deduct the costs
<br /> of reinspection from Contractor.
<br /> 9.8.3 When Owner agrees that Contractor has achieved Substantial Completion, the Owner's
<br /> Authorized Representative will prepare a certificate of Substantial Completion which establishes
<br /> the Date of Substantial Completion, responsibilities of Owner and Contractor for security,
<br /> maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within
<br /> which Contractor shall complete all items on the Punch List accompanying the certificate.
<br /> Warranties related to the quality and character of the Work required by the Contract Documents
<br /> shall commence on the Date of Substantial Completion of the Work or designated portion thereof
<br /> unless otherwise provided in the certificate of Substantial Completion.
<br /> 9.9 Partial Occupancy or Use
<br /> 9.9.1 Owner may occupy or use any completed or partially completed portion of the Work at any stage,
<br /> provided such occupancy or use is consented to by Contractor and its insurer. Consent of
<br /> Contractor to partial occupancy or use shall not be unreasonably withheld.
<br /> 9.9.2 Such partial occupancy or use may commence whether or not the portion is Substantially
<br /> Complete, provided the Owner's Authorized Representative and Contractor execute a certificate
<br /> of partial occupancy which will establish the date of partial occupancy, responsibilities of Owner
<br /> and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance.
<br /> Warranties required by the Contract Documents shall commence on the date of partial occupancy
<br /> unless otherwise provided in the certificate of partial occupancy.
<br /> 9.9.3 When Contractor determines a portion of the occupied Work has achieved Substantial
<br /> Completion, Contractor shall notify Owner who will prepare a Punch List as provided under Article
<br /> 9.8.
<br /> 31 Jun-17
<br /> Ver.2.0
<br />
|