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stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<br />appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-
<br />down, delay and start-up, plus interest as provided for in the Contract Documents.
<br />§ 9.8 SUBSTANTIAL COMPLETION
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br />is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br />Work for its intended use.
<br />§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept—
<br />separately, is substantially complete, the Contractor shall prepare and submit to the Architect a,comprehensive list of
<br />items to be completed or corrected prior to final payment. Failure to include an item on such. list does not alter the
<br />responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br />§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine'whether the Work or
<br />designated portion thereof is substantially complete. If the Architect's inspection discloses anyitem, whether or not
<br />included on the Contractor's list, which is not sufficiently complete in accordance with the'Coritract Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
<br />shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
<br />by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
<br />determine Substantial Completion.
<br />§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a _
<br />Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
<br />responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
<br />insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
<br />Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br />of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
<br />§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractorfor their written
<br />acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consentof surety,, ifp
<br />any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
<br />shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br />§ 9.9 PARTIAL OCCUPANCY OR USE
<br />§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at- any .stage when
<br />such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented,
<br />to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over'the
<br />Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
<br />the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for paymnts,,f''
<br />retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in(
<br />writing concerning the period for correction of the Work and commencement of warrantiesirequired by the Contract
<br />Documents. When the Contractor considers a portion substantially complete, the Contractop shall prepare and
<br />submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
<br />shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement -
<br />between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
<br />§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect: shall jointly inspect
<br />the area to be occupied or portion of the Work to be used in order to determine and record the' condition of the
<br />Work.
<br />(
<br />§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
<br />constitute acceptance of Work not complying with the requirements of the Contract Document.
<br />§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
<br />§ 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance
<br />and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
<br />AIA Document A20r. - 2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIX' Document is protected by U.S. Copyright Law and International
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<br />penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:05:44 on
<br />08/20/2009 under Order No.37269892921 which expires on 05/28/2010, and is not for resale.
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