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e- ~ !I . representaiion by ENGINEI:R cu OwNL• h. ha,cd cm ENGI- NFER's on-sitc obscrrations uf the \Vork in prugrexs as an expcricnced and yualificd dcsign rrufessional and on GNGI• 1`E[R's rcvicw of the Application tor Yaymcnt and thc accompam•ing data and schcdulcs that the Work has pro- gressed to the point indicated: that, to thc bcst of ENGI= NEER's knowlcdce, information and bclicf, thc quzility of the 1Vork is in accordance vvith the Contract Documents (sub;ect to an evaluation of the Work as a Cunctioninc wholc pi•ior to or upon Substan(ial Complction, to thc results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Nork under paragraph 9.10, and to any other qualifi- cations stated in the recommendation); and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such paymcnt ENGINEER wi(I not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigrted to ENGINEER in the Contract Documents or that there may not be other matters or issues between the pacties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGIhEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONT'RAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENG[NEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the resutts of subsequent inspections ortests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is dejecriti•e, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to eorrect defec- tive Work orcomplete Work in accordance with paragraph 13.14, or 14.7.4, of ENGINEER's actual knowlcdgc oC the occurrence oCany of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may reCuse to make payment of the Cull amount recommendcd by ENGINEER because claims have bcen made against OWNER on account oCCONTRACTOR's pcr- formance or furnishing o( the Work or Liens have becn filed in connection with the Work or therc arc othcr items entitling 55 U\VNEK to a set-uff against thc amount rccommended. but OWNGR ntust civc CONI'RAC"rOk imm«iiatc %rri+.te;t noticc (wi[h a cor)y tu I~NGlNEERI statiniz the rcasom Ibr sttch actiun. Stths(an(ictl Couiplc(ioa: 14.8. When CONTKACTOR considcrs the cntire VVork ready Cor its imcndcd usc CON1'RAC'fOK shall notiCy O«'NER and ENGINEER in writing that the cntirc Work is substantially completc (cxcept for items spccifically listed by CONTRACTOR as incomplete) and requect that ENG(- NEER issue a ccrtificatc oCSuhstantial Contplction. Within a reasonable time thcreaRer, OWNER. CON"CRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. if ENGINEER does not con- sider the Work substantially completz, ENG[NcER wi(I notify CONTRACTOR in writing giving the reasons therefor. [f ENGINEER considers the Work substantial(y comp(ete. ENGINEER wiU prepare and deliver to OWNER a tentative certificate of Substantiat Completion which shall fix the date of Substantial Completion. There shali be attached to the certificate a tentative list of items to be comp(cted or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative cenificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions, ENGINEER conc(udes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. !f, after consideration of OWNER's objections, ENGINEER considers the Work substantialty complete. ENGiNEER witl within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted orcorrected) reftecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWN ER. At the time of delivery of the tentative certificate of Substar,tial Completion ENGI- NEER wilt detiverto OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER aad CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree othetwise in writing and so inform ENGINEER prior to ENG[NEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aCoce- said recommendation witl be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRAGTOR from the Work aCter the datc of Substantial Com- pletion, but OWNER shall allow CONTRACT'OR reasonable access to complete or correct items on the tentativc list. Parlia! U[ifiza(ion: 14.10. Usc by OWNER oCany finishcd paR of thc Work, which has spccifically bccn idcntificd in the Concract Docu-