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o IIII o o. o 0199] AIAQD AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The Ameriwn Institute of nrchitects 1735 New Vork Avenue, N.W. Washington, D.C. 20006-5292 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Paymenl, ihrough no faull of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after ihe date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropri- ately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract DocumeMs so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contrador's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. IE the ArchitecYs inspedion discloses any item, whether or not included on the Contrador's list, which is not sufficiently complete in accordance wilh the Contract Documents so thal the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the CertiFicale of Substantial Completion, complete or correct such item upon notification by the Archited. In such case, the Contractor shall then submit a request for another inspedion by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall esiablish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Wananties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor Eor their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, iF any, the Owner shall make payment of retainage applying to such Work or designated portion thereoE Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE -,9.9.7 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdidion over the Work. Such partial occupanry or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of theai for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and WApNING:UnII<ensed photxopying violafes U.S. copyright Iaws and will su6fat ihe violator to legal prosecution. n%f';