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rapi'cscntation by E\GlN E[R to OWNEK, bas <br />~ NEER's on-sitc oburvxtions uf the WOrk in pi <br />cspcricnced :mJ qualificd dcsicn prolcssionad :r <br />NE[R's rcvitw of the Applic.uion for Payn <br />accompanyinc data and schcdulcs that the N <br />eressad to the point indicated: that, to the bc <br />NEER's knowIzdee, informatiun xnd bclicf, d <br />the \Vork is in accordance with the Contraci <br />(subject to an evaluation of the Nork as a(unct <br />prior to or upoa Substantial Complction, to the i <br />subsequent tests callzd for in the Contract Doc <br />final determination of quantities and classificat'. <br />Price Work under paragraph 9.10, and to any cations stated in the recommendacion): and that <br />TOR is rn[ided to payment of the amount re <br />However, by recommending any such payment <br />will not thereby be deemed to have represented <br />[ive or continuous omsite inspections have b <br />check the quality or the quantity of the Work <br />responsibilities specifically assigrted to ENGIt <br />Contract Documents or that there may not be < <br />or issues 6etween the parties [hat might rn[iUe <br />TOR to be paid additionally by OWNER or <br />withhold payment io CONTRACTOR. <br />don L•NGI• <br />igrcss as an <br />i un ENGI- <br />mt and ihc <br />rk has pro- <br />t of ENGI- <br />: qualily of <br />Documents <br />miag whole <br />sults of any <br />ments, to a <br />~ns for Uni[ <br />ther qualifi- <br />NG[NEER <br />hat exhaus- <br />_n made to <br />beyond the <br />EER in the <br />to <br />14.6. ENGINEER's recommenda[ion of fi al payment <br />wifl constimte an additional representation by NGINEER <br />to OWNER that the conditions precedent to ONTRAC- <br />TOR'sbeingen[itledtofinalpaymentasse[forth npa2graph <br />14.13 have been fulfil(ed. <br />14.7. ENGINEER may refuse to recommei <br />or any pan of any payment if, in ENGINEER <br />would be incorrect to make such representations <br />ENGINEER may also refuse to recommend ai <br />ment, or, because of subsequently discovered <br />the results of subseque nt inspections or tests, nu: <br />payment previously recommended, to such exte <br />necessary in ENGINEER's opinion [a protect 0 <br />loss because: <br />14.7.1. the Work is dejecrire. or compic <br />been damaged requiring correction or repla14.7.2. the Contract Price has been red <br />ten Amendment or Change Order, <br />I4.73. OWNER has been required to i <br />rive Workorcomplete Work in accordance v <br />13.14, or <br />14.7.4. of ENGINEER's actual knoK <br />occurrence ofany of the events enumerated <br />15.2.1 through 15.2.9 inclusive. <br />the whole <br />opinion, it <br />iOWNER. <br />such pay- <br />vidence or <br />fy any such <br />as may be <br />Work has <br />by Writ- <br />ect dejec- <br />paragraph <br />UWNER tu :i sct-uf( acainst UIc amount recommcndcd. but <br />O\\'NGR must givc CON7'RACTOR immcJi:ue~a•riurn noticc <br />(with a copc to GNGtNGER) st:ning the « asuns ibr such <br />:ictiun. - <br />Subslairria! Completion: <br />14.8. N'hen CONTRACTOR cunsidtn the entire Work <br />ready (or iis in[cnded usc CONTRACTOR shall notiCy <br />OR'NER and ENGINEER in writing that the cntirc Wark it <br />substantially complete (except Cor items specifically listed by <br />CONTRACTOR as incomplett) anJ request that ENGI- <br />NEER issue a certificate of Substantial Completion. Within <br />a reasonable [ime thereafter, OWNER. CON'CRAC'i'OR and <br />ENGINEER shall make an inspzction of the \4ork to deter- <br />mine the status of completion. If ENGiNEER does not con- <br />sider the Work substantially compizte, ENGINcER will notify <br />CONTRACTOR in writing givine the reasons therefoc If <br />ENGINEER considers the Work substantially complete, <br />ENGINEER will prepare and deliver to OWNER a tentative <br />certificate of Substantial Completion which shall fix the date oC Substantial Compktion. There shall bz auached to the <br />certificate a tentative list of items to be completed or cor- <br />rected before final payment. ONNER shall have seven days <br />after receipt of the tentative cenificate during which to make <br />writcen objection to ENGINEER as [o any provisions of the <br />certificate or attached list. If, after considering such objec- <br />tions. ENGINEER concludes that the Nork is not substan- <br />tially complete. ENGINEER will within Courteen days after <br />submission of the tentative certificate to OWNER notify <br />CONTRACTOR in writing, stating the reasons thereCor. If, <br />aCter consideration o( OWNER's objections, ENG[NEER <br />contiders the Work substantially comple[e. ENG[NEER will <br />within said fourteen days execute and deliver to OWNER <br />and CONTRACTOR a definitive certifica[e of Substantial <br />Comple[ion (wieh a revised tentative list of items to be com- <br />plered or corrected) reflecting such changes trom the tentative <br />cenificate as ENGiNEER believes justified after consider- <br />ation of any objections from 0 W N ER. At the [ime of delivery <br />of the tentative certificate of Substar.tial Completion ENGI- <br />N EER will deliver to O W N ER and CONTRACTOR a written <br />recommendation as to division of responsibilities pending <br />final payment between OWNER and CONTRACTOR with <br />respect to security, operation, saCety, maintenance, heat, <br />utilities, insurance and warranties. Uniess OWNER and <br />CONTRACTOR agree otherwise in writing and so inforrti <br />ENGINEER prior to ENGINEER's issuing the definitivc <br />certificate of Substantial Completion, ENGINEER's afore- <br />said recommendation will be binding on OWNER and CON- <br />TRACTOR until final payment. <br />igc o( the 14•9. OWNER shall have the right to exciude CON- <br />paragraphs TRAC'COR Crom the Work aRer the datc of Substantial Com- <br />pletion, but OW NER shail allow CONTRACTOR reasonable <br />access to eomplete or correc[ items on the tentativc list <br />OWNER may rafuse to makc payment of thelfull amount <br />~ recommended by ENGINEER because claimave been <br />made against O WNER on account of CONTRA OR's pcr- <br />Cormance or furnishing of the Work or Liens ha e becn filed <br />in connection with the Work or thcre arc othcr it ms cntitling <br />Pafliaf U(iliuuion: <br />14.10. Use by OWNER of any finishcd part of thc Work, <br />which has spccifically bccn idcntificd in the Contract Docu- <br />57 <br />