Orange County NC Website
Browse       Search
' 14.06 Final Inspection <br /> A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is fully <br /> ' complete, inclusive of all requirements of the Contract, Engineer will promptly make a final <br /> inspection with Owner and Contractor and will notify Contractor in writing of all particulars in <br /> which this inspection reveals that the Work is incomplete or defective. Contractor shall <br /> ' immediately take such measures as are necessary to complete such Work or remedy such <br /> deficiencies. <br /> 1. If after the performance of such final completion inspection, Engineer determines that punch <br /> list items, site or project cleanup activities remain or the Work is otherwise not fully <br /> complete in accordance with all of the requirements of the Contract Documents, Contractor <br /> ' shall be liable to Owner for any and all costs and expenses (including, but not limited to, <br /> Engineer's fees and expenses) incurred by the Owner as a result thereof. Contractor <br /> covenants and agrees that Owner may retain, deduct, and/or offset Monies due to the Owner <br /> ' pursuant to this Paragraph 14.06.A.1 from Monies due to Contractor under the Agreement. <br /> Contractor further covenants and agrees that Owner retains the right to make such deduction <br /> or offset at any time prior to and including final payment and that the imposition and the <br /> ' deduction and/or offset of such Monies shall not be subject to any notice or claim provisions <br /> of the Contract Documents. <br /> ' 14.07 Final Payment <br /> A. Application for Payment: <br /> 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections <br /> identified during the final inspection and has delivered, in accordance with the Contract <br /> Documents, all maintenance and operating instructions, schedules, guarantees, bonds, <br /> certificates or other evidence of insurance, certificates of inspection, marked-up record <br /> documents (as provided in Paragraph 6.12), and other documents, Contractor may make <br /> ' application for final payment following the procedure for progress payments. <br /> 2. The final Application for Payment shall be accompanied (except as previously delivered) <br /> ' by: <br /> a. all documentation called for in the Contract Documents, including but not limited to the <br /> evidence of insurance required by Paragraph 5.04.13.6; <br /> b. consent of the surety,if any,to final payment; <br /> ' c. a list of all Claims against Owner that Contractor believes are unsettled; and <br /> d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien <br /> rights arising out of or Liens filed in connection with the Work. <br /> 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as <br /> ' approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of <br /> Contractor that: (i) the releases and receipts include all labor, services, material, and <br /> equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment <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 75 of 81 <br />