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§ 9.7 Failure of Payment
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br />receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days
<br />after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding
<br />dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the
<br />Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and
<br />the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and
<br />start-up, plus interest as provided for in the Contract Documents.
<br />§ 9.8 Substantial Completion
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
<br />sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for
<br />its intended use.
<br />§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br />scparately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br />items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br />responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br />§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
<br />designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
<br />included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall,
<br />before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the
<br />Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine
<br />Substantial Completion.
<br />§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate
<br />of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the
<br />Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time
<br />within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the
<br />Contract Documents 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 />§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br />acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any,
<br />the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be
<br />adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br />§ 9.9 Partial Occupancy or Use
<br />§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br />such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to
<br />by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use
<br />may commence whether or not the portion is substantially complete, provided the Owner and Contractor have
<br />accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance,
<br />heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of
<br />the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a
<br />portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under
<br />Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of
<br />the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no
<br />agreement is reached, by decision of the Architect.
<br />§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect
<br />the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
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