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General Conditions <br />or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) <br />dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A <br />subcontractor who prevails in a civil action to collect interest penalties Brom the Contractor shall be <br />awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. <br />5.4 OWNERS RIGHT '10 WITHHOLD PAYMENT <br />5.4.1 The Owner may withhold payment in whole or in part to the extent necessary to protect the <br />Owner from loss on account of any of the following causes: <br />A. Violation of any of the terms of the Contract Documents. <br />E3. Defective work not remedied, or completed work which has been damaged. <br />C. Reasonable evidence indicating potential filing of claims by other parties against the <br />Contract or Owner. <br />D. Failure of the Contractor to make payments to subcontractors, materialmen or suppliers. <br />E. Damage to the Owner or any other person. <br />F. Contractor's unsatisfactory prosecution of the work. <br />5.4.2 When any of the above grounds for which payment is being withheld is removed, payment <br />shall be made for the amount withheld. <br />5.5 CONTRACTOR'S WARRANTY OF TITLE <br />Contractor warrants and guarantees that title to all Work, materials and equipment covered by any <br />Request for Payment, whether incorporated in the Project or not, will pass to Owner at the time of <br />payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these <br />General Conditions referred to as "Liens"), <br />5.6 SUBSTANTIAL COMPLETION <br />When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to <br />Owner, certify that the entire Work is substantially complete and request that Owner issue a <br />certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor <br />shall make an inspection. of the Work to determine the status of completion. If Owner does not <br />consider the Work substantially complete, Owner will notify Contractor in writing giving his reasons <br />therefor. <br />If Owner considers the Work substantially complete, Owner will within fourteen days execute and <br />deliver to Contractor a certificate of Substantial Completion. There shall be attached to the certificate <br />a tentative list of items to be completed or corrected before final payment. <br />Owner shall have the right to exclude Contractor from the Work after the date of Substantial <br />Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the <br />tentative list. <br />City oi'Little Canada, City Hall Audio/Video Project 18 <br />22 <br />