Orange County NC Website
Browse       Search
34 <br /> pursuant to the Contract Documents, for such Work or portion thereof as provided in the Contract <br /> Documents. <br /> 28.5. The acceptance of substantial completion payment shall constitute a waiver of all claims for <br /> payment by the CMAR and its Subcontractors, except those previously made in writing and <br /> identified by the CMAR as unsettled at the time the CMAR submits the application for payment for <br /> substantial completion,and except for the retained sums due at final acceptance. <br /> 28.6. In addition to any and all other indemnification required by this Contract the CMAR shall <br /> indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived <br /> because they were not made in writing and identified by the CMAR as unsettled when the CMAR <br /> submitted the application for payment for substantial completion. <br /> 28.7. The Owner shall have the option to correct or complete any and all punch list items not completed <br /> by the CMAR to the satisfaction of the Project Designer and the Owner within forty five(45)days <br /> for any GMP package of less than 1 year's duration and not more than ninety (90) days from the <br /> actual date of substantial completion for any GMP package of more than 1 year's duration by <br /> utilizing its own forces or by hiring others. The cost of such correction of remaining punch list <br /> items by the Owner or others shall be deducted from the final payment to the CMAR. <br /> 28.8. If CMAR does not complete certain punch list items within the required time period, all warranties <br /> and guarantees for such incomplete punch list items shall become effective upon CMAR <br /> submitting to the Owner and Project Designer certification of the date such items were completed <br /> and approval by the Owner's Representative and Project Designer.. The issuance of the certificate <br /> of substantial completion does not indicate final acceptance of the Project by the Owner, and the <br /> CMAR is not relieved of any responsibility for the Project except as specifically stated in the <br /> certificate of substantial completion. <br /> 28.9. Should the Project Designer and the Owner determine that the Work or a designated portion thereof <br /> is not substantially complete, they shall provide the CMAR with written notice stating why the <br /> Work or designated portion is not substantially complete. The CMAR shall expeditiously complete <br /> the Work and shall re-request in writing that the Project Designer perform another substantial <br /> completion inspection. Costs, if any, associated with such re-inspection shall be assessed to the <br /> CMAR at the rates specified in the Project Designer's contract. <br /> 29.PARTIAL UTILIZATIONBENEFICIAL OCCUPANCY <br /> 29.1. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that <br /> portion is substantially complete. <br /> 29.2. Prior to the final payment, the Owner may request the CMAR in writing, through the Project <br /> Designer if applicable, to permit the Owner to use a specified part of the Project which the Owner <br /> believes it may use without significant interference with construction of the other parts of the <br /> Project. If the CMAR agrees,the Project Designer will schedule a beneficial occupancy inspection <br /> after which the Project Designer may issue a certificate of substantial completion. The certificate <br /> shall include the following documentation: <br /> 29.2.1. Date of substantial completion. <br /> 29.2.2. A tentative list of items to be completed or corrected before final payment. <br /> 29.2.3. Establishing responsibility between the CMAR and Owner for maintenance,heat,utilities <br /> and insurance. <br /> 29.2.4. Establishing the date for guarantees and warranties under the terms of the Contract. <br /> Page 31 of 52 <br /> Revised 12/24,4/25 <br />