Orange County NC Website
Browse       Search
41 <br /> <br />Revised 01/24 <br /> <br />21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract <br />Documents has been certified by the Designer as completed, proper and suitable for occupancy <br />and use, and has been approved by all federal, state and local agencies having jurisdiction. <br /> <br />21.8 The final Request for Payment shall be identified on its face as such and shall be <br />presented by the Contractor to the Designer within thirty (30) days of completion of the Work. <br />Final payment of the retained amount due the Contractor shall be made by the Owner within <br />thirty (30) days after the later of (i) full and Final Completion of all Work required by the Contract <br />Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of <br />the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of <br />a Request for Payment identified on its face as final and including the Designer's certification. <br /> <br />ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT <br /> <br />22.1 The Final Payment due the Contractor on account of the Contract Documents shall not <br />become due until the Contractor has furnished to the Owner through the Designer: (A) an <br />affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for <br />materials, services, or for any other reason in connection with the Work or performance of the <br />Contract Documents have been satisfied and that no claims or liens exist against the Contractor <br />in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, <br />and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by <br />the Contractor for all Work performed and materials supplied by him in connection with the <br />Project, and (ii) that all payments for materials, services, and for any other reason in connection <br />with the subcontract or supply contract have been satisfied and that no claims or liens exist <br />against the Subcontractor or supplier in connection therewith; and (C) the written consent of the <br />Contractor’s sureties to Final Payment. In the event that the Contractor cannot obtain an <br />affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the <br />Contractor’s affidavit that no claims or liens exist against such Subcontractor or supplier to the <br />best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save <br />the Owner harmless for all costs and expenses, including attorneys’ fees, on account thereof. <br /> <br />ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS <br /> <br />23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in <br />its entirety without the prior written consent of the Owner. Except as may be required under <br />terms of the bonds required by the Contract Documents, no funds or sums of money due or to <br />become due to the Contractor under the Contract Documents may be assigned. <br /> <br />ARTICLE 24. MEASUREMENTS <br /> <br />24.1 Before ordering material or doing Work which is dependent for proper size or installation <br />upon coordination with building conditions, the Contractor shall verify all dimensions and shall <br />be responsible for the correctness of same. No consideration will be given for any claim based <br />on differences between the actual dimensions and those indicated in the Contract Documents. <br />Any discrepancies between the Contract Documents and the existing conditions shall be <br />referred to the Designer for adjustment before any Work affected thereby is begun. <br /> <br /> <br /> <br />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2