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representation b)' ENGINEER to r3WN ER. bused ou ENGI- NEER's on-site observations of the Work in progress ns an experienced and qu:dificd design professional ami on ENGI- NEER's review of thc Application I~r Paymcm nnd die accompanying dam and schedules thru thc Work has pro- grcssed Io the point indicated: that, to thc best of ENGI: NEER's knowledge, information and belief, dm quality of the Work is in accordance with thc Contract Documents (subject to ~n evaluation of thc Work as a functioning whole prior to or upon Substantial Completion. ~o the results of any subsequ¢nt tests called for in the Contract Documents. to ~ final determination of qu~mitics and classifications for Unit P~ce Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is cntided to payment of thc amount recommended. Howewr. by recommending any such payment ENGINEER will not lhcr~by be d~cmed to hgv¢ represented that exhaus- tive or continuous on-site inspections have bc~n made to check ~h~ quality or the quantity of thc Work ~yogd the res~nsibilities specifically assignc~ to ENGINEER in thc Contract D~uments or that there may not be other matters or issues between the panles that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONT~OR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfiIled. 14.7. ENGINEER may refuse to recommend the whole or any pan of any payment if. in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nuI[ifyany such payment previously recommended, to such extent as may be necessary in ENGiNEER's opinion to protect OWN ER from loss because: 14.7.1. the Work is defecth'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 correct defec- tlve Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 1.5.2.9 inclusive. OWNER may fei'use to make payment of the lull amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWN ER lo a sel-olT ugainst lite amount recommended, but OWNER must give CONTRACTOR immedihTfi-~wriuen notice (with a copy to ENGINEERI stating thc rcason~ for such action. Substantial Completion: 14.8. When CONTRACTOR considers thc cmire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- N EER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of compl~tion. If ENGINEER does not con- sider the Work substantially complete, ENO iN EER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWN ER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate 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 concludes 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. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete. ENGINEER will 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 or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWN ER. At the time ofdellvery of the tentative certificate of Substantial Completion ENOI- N EER will deliver to OWN ER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat. utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGiNEER's issuing the definitive · certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work aRcr the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentativc list. ParrOt Utilization: 14.10. Usc by OWNER of any finished part of thc Work, wh!ch has specifically been identified in the Contract Docu- 55