Common use of Commencement and Completion Clause in Contracts

Commencement and Completion. The Contractor shall commence the Work upon receipt of the written Notice to Proceed, as defined in Section 01100 of the Specifications, from the Owner and shall achieve substantial completion of the Work, as defined in Section 01100 of the Specifications. The Contractor warrants that it will deliver the Project to the Owner free from any and all mechanics’ liens or other encumbrances. Contractor further agrees to promptly (which is defined for purposes of this paragraph as no more than three (3) days from receipt of any lien or other notice) notify the Owner of the existence of any and all mechanics’ liens filed by any subcontractors, materialmen, suppliers or sub- subcontractors. If any mechanics’ liens are filed, Contractor shall, at its expense, bond off any such mechanics’ liens within three (3) days from receipt of a written request of Owner to do so. Time is of the essence, and the substantial completion date may be altered only as provided in this Contract. Substantial completion shall occur when the Work is sufficiently complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use, and when only minor punch list work remains to be done and a certificate of occupancy has been issued. The Owner will, upon written request of the Contractor, issue a certificate establishing the substantial completion date at any time after substantial completion has occurred.

Appears in 4 contracts

Samples: Lump Sum Construction Contract, Construction Contract, Lump Sum Construction Contract

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Commencement and Completion. The Contractor shall commence the Work upon receipt of the written Notice to Proceed, as defined in Section 01100 of the Technical Specifications, from the Owner and shall achieve substantial completion of the Work, as defined in Section 01100 of the Technical Specifications. The Contractor warrants that it will deliver the Project to the Owner free from any and all mechanics’ liens or other encumbrances. Contractor further agrees to promptly (which is defined for purposes of this paragraph as no more than three (3) days from receipt of any lien or other notice) notify the Owner of the existence of any and all mechanics’ liens filed by any subcontractors, materialmen, suppliers or sub- sub-subcontractors. If any mechanics’ liens are filed, Contractor shall, at its expense, bond off any such mechanics’ liens within three (3) days from receipt of a written request of Owner to do so. Time is of the essence, and the substantial completion date may be altered only as provided in this Contract. Substantial completion shall occur when the Work is sufficiently complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use, and when only minor punch list work remains to be done and a certificate of occupancy has been issued. The Owner will, upon written request of the Contractor, issue a certificate establishing the substantial completion date at any time after substantial completion has occurred.

Appears in 1 contract

Samples: Construction Contract

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