|
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
<br />acceptance of Work not complying with the requirements of the Contract Documents.
<br />§ 9.10 Final Completion and Final Payment
<br />§ 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon
<br />receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds
<br />the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly
<br />issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and
<br />on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the
<br />Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due
<br />and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed
<br />in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
<br />§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to
<br />the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with
<br />the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
<br />by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract
<br />Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor
<br />knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents,
<br />(4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers'
<br />warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or
<br />satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or
<br />encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a
<br />Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
<br />satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien,
<br />claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to
<br />the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or
<br />encumbrance, including all costs and reasonable attorneys' fees.
<br />§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
<br />of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
<br />Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
<br />Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If
<br />the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
<br />Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that
<br />portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
<br />certification of such payment. Such payment shall be made under terms and conditions governing final payment,
<br />except that it shall not constitute a waiver of Claims.
<br />§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents;
<br />.3 terms of special warranties required by the Contract Documents; or
<br />.4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.
<br />§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of
<br />claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of
<br />final Application for Payment.
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />§ 10.1 Safety Precautions and Programs
<br />The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
<br />connection with the performance of the Contract.
<br />§ 10.2 Safety of Persons and Property
<br />§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
<br />prevent damage, injury, or loss to
<br />Init. AIA Document A2018— 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The
<br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 29
<br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:53:33 CT on 10/15/2020 under Order
<br />No.6421824392 which expires on 04/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1263491182)
<br />
|