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the removal of the rejected Work or materials and the subsequent replacement of acceptable <br /> Work. <br /> ' a. Removal by Owner: Removal of rejected Work or materials and storage of materials by <br /> the Owner, in accordance with paragraph 13.09.A of the Modified General Conditions, <br /> shall be paid by the Contractor within thirty(30) days after written notice to pay is given <br /> ' by the Owner. If the Contractor does not pay the expenses of such removal and after ten <br /> (10) days written notice being given by the Owner of his intent to sell the materials, the <br /> Owner may sell the materials at auction or at private sale and will pay the Contractor the <br /> net proceeds therefrom after deducting all the costs and expenses that should have been <br /> borne by the Contractor. <br /> 14.03 Contractor's Warranty of Title <br /> A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by <br /> ' any Application for Payment, whether incorporated in the Project or not, will pass to Owner no <br /> later than the time of payment free and clear of all Liens. <br /> ' 14.04 Substantial Completion <br /> A. When Contractor considers the entire Work ready for its intended use Contractor shall notify <br /> Owner and Engineer in writing that the entire Work is substantially complete (except for items <br /> ' specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of <br /> Substantial Completion. <br /> ' B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall review the Work <br /> to determine the status of completion. If Engineer does not consider the Work substantially <br /> complete, Engineer will notify Contractor in writing giving the reasons therefore. <br /> ' 1. If after the performance of such Substantial Completion Review, Engineer determines that <br /> the Work is not substantially complete, Contractor shall be liable to Owner for any and all <br /> costs and expenses (including, but not limited to, Engineers fees and expenses) incurred by <br /> the Owner as a result of each such failed review thereafter.. Contractor covenants and agrees <br /> that Owner may retain, deduct, and/or offset monies due to the Owner pursuant to this <br /> ' Paragraph 14.04.B.1 from monies due to Contractor under the Agreement. Contractor <br /> further covenants and agrees that Owner retains the right to make such deduction or offset at <br /> any time prior to and including final payment and that the imposition and the deduction <br /> and/or offset of such monies shall not be subject to any notice or claim provisions of the <br /> Contract Documents. <br /> C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a <br /> proposed certificate of Substantial Completion which shall fix the date of Substantial <br /> Completion. There shall be attached to the certificate a proposed list of items to be completed or <br /> corrected before final payment. Owner shall have seven days after receipt of the proposed <br /> certificate during which to make written objection to Engineer as to any provisions of the <br /> ' certificate or attached list. If, after considering such objections, Engineer concludes that the <br /> Work is not substantially complete, Engineer will, within 14 days after submission of the <br /> proposed certificate to Owner,notify Contractor in writing, stating the reasons therefore. If, after <br /> ' consideration of Owner's objections, Engineer considers the Work substantially complete, <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 73 of 81 <br />