Common use of Completion and Acceptance Clause in Contracts

Completion and Acceptance. 21.1 The Contractor shall be responsible for the Work until Final Completion, except for any part of the Work partially accepted as set forth below in Paragraph 21.5. 21.2 The Contractor shall notify the Owner upon Substantial Completion of the Work. The Owner shall promptly verify whether Substantial Completion has occurred. If not, the Owner shall promptly state in writing to the Contractor what must be done to achieve Substantial Completion. This procedure shall be repeated until Substantial Completion has been achieved. Payment to the Contractor for achieving Substantial Completion shall be made in accordance with Paragraph 14.4. 21.3 The Contractor shall notify the Owner upon Final Completion of the Work. The Owner shall promptly verify whether Final Completion has occurred. If not, the Owner shall promptly state in writing to the Contractor what must be done to achieve Final Completion. This procedure shall be repeated until Final Completion has been achieved. Payment to the Contractor for achieving Final Completion shall be made in accordance with Paragraph 14.5. 21.4 If at any time prior to the issuance of the certificate of Substantial Completion, any portion of the permanent construction has been satisfactorily completed, and if the Owner determines that such portion of the permanent construction is not required for the operations of the Contractor, the Owner shall issue to the contractor a certificate of partial completion, and the Owner may take over and use the portion of the permanent construction described in such certificate. 21.5 The issuance of a certificate of partial completion shall not operate to release the Contractor from any obligations under this Contract, but shall determine the beginning date of any warranties solely applicable to the completed portion. Upon such issuance the Owner shall be responsible for all maintenance, utilities, insurance and other similar expenses with respect to such use. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to an increase in the Contract Price of the Contract Time, or both.

Appears in 1 contract

Sources: Agreement Between Fivecom LLC and E/Pro Engineering and Environmental Consulting for the Adss Cable Project (Northeast Optic Network Inc)

Completion and Acceptance. 21.1 The 25.1 Contractor and Owner, or either of them, shall be responsible for have the Work until Final Completion, except for right at any part time to move into Subcontractor's working and storage areas and the right to take possession of and use any completed or partially completed portion of the Work partially accepted as set forth below in Paragraph 21.5either Contractor or Owner may deem necessary for their operations. The taking of possession or use of the Work or any portion of the Work shall not constitute Contractor's or Owner's acknowledgement of either completion or acceptance of the Work or any portion of the Work, nor indicate Contractor's concurrence that the Work or any portion of the Work conforms to this Subcontract and shall not waive or limit Subcontractor's obligations with respect thereto under this Subcontract. 21.2 The 25.2 After Subcontractor believes it has completed all Work, corrected all defective Work and performed all inspections and tests and furnished all documents required in this Subcontract and the Prime Contract, Subcontractor shall give Contractor shall notify notice in writing (hereinafter referred to as the Owner upon Substantial "Notice of Completion of the Work"). The Owner shall promptly verify whether Substantial Completion has occurred. If not, that it believes the Owner shall promptly state in writing to the Contractor what must be done to achieve Substantial Completion. This procedure shall be repeated until Substantial Completion Work has been achievedcompleted and the date on which it believes the Work was completed. Payment to Within thirty (30) days of receiving the Contractor for achieving Substantial Completion shall be made in accordance with Paragraph 14.4. 21.3 The Contractor shall notify the Owner upon Final Notice of Completion of the Work. The Owner shall promptly verify whether Final Completion has occurred. If not, Contractor will inspect the Owner shall promptly state Work and issue a notice in writing to Subcontractor either (a) confirming completion and acceptance of the Work and advising the date of completion and acceptance of the Work (herein respectively referred to as the "Notice of Acceptance of the Work" and the "Date of Acceptance of the Work"); or (b) specifying defective or incomplete portions of the Work to be remedied or completed before the Notice of Acceptance of the Work can be issued. Upon receipt of Contractor's notice referred to in Article 25.2 (b), Subcontractor shall promptly remedy the defective and incomplete portions of the Work described therein. Thereafter, Subcontractor shall again give Contractor what must be done to achieve Final Completion. This a written Notice of Completion of the Work specifying the date on which it believes the defective or incomplete portions of the Work were remedied, and this procedure shall be repeated apply again and successively thereafter until Final Completion Contractor has been achieved. Payment to given Subcontractor the Contractor for achieving Final Completion shall be made in accordance with Paragraph 14.5written, Notice of Acceptance of the Work. 21.4 If at 25.3 Any failure by Contractor to issue the Notice of Acceptance of the Work as set forth above shall not be deemed to be acceptance of the Work for any time prior to purpose by Contractor nor imply acceptance of, or agreement with Subcontractor's Notice of Completion of Work. 25.4 Notwithstanding acceptance of the Work, issuance of the certificate Notice of Substantial Completion, any portion Acceptance of the permanent construction has been satisfactorily completed, and if the Owner determines that such portion of the permanent construction is not required for the operations of the Contractor, the Owner shall issue to the contractor a certificate of partial completion, and the Owner may take over and use the portion of the permanent construction described in such certificate. 21.5 The issuance of a certificate of partial completion Work shall not operate to relieve or release the Contractor Subcontractor from any obligations under obligation this Contract, but shall determine the beginning date of any warranties solely applicable to the completed portion. Upon such issuance the Owner shall be responsible for all maintenance, utilities, insurance and other similar expenses with respect to such use. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to an increase in the Contract Price of the Contract Time, or bothSubcontract.

Appears in 1 contract

Sources: Subcontract Agreement

Completion and Acceptance. 21.1 The Contractor shall be responsible for the Work until Final Completion, except for any part of the Work partially accepted as set forth below in Paragraph 21.5. 21.2 The Contractor shall notify the Owner upon Substantial Completion of the Work. The Owner Architect/Engineer shall promptly verify whether Substantial Completion has occurredoccurred and, if so, shall so certify to the Owner. If not, the Owner Architect/Engineer shall promptly state in writing to the Contractor what must be done to achieve Substantial Completion. This procedure shall be repeated until Substantial Completion has been achieved. Payment to the Contractor for achieving Substantial Completion shall be made in accordance with Paragraph 14.4. 21.3 The Contractor shall notify the Owner upon Final Completion of the Work. The Owner Architect/Engineer shall promptly verify whether Final Completion has occurredoccurred and, it so, shall so certify to the Owner. If not, the Owner Architect/Engineer shall promptly state in writing to the Contractor what must be done to achieve Final Completion. This procedure shall be repeated until Final Completion has been achieved. Payment to the Contractor for achieving Final Completion shall be made in accordance with Paragraph 14.5. . 21.4 If at any time prior to the issuance of the certificate of Substantial Completion, any portion of the permanent construction has been satisfactorily completed, and if the Owner determines that such portion of the permanent construction is not required for the operations of the Contractor, the Owner shall issue to the contractor a certificate of partial completion, and the Owner may take over and use the portion of the permanent construction described in such certificate. Deleted 21.5 The issuance of a certificate of partial completion shall not operate to release the Contractor from any obligations under this Contract, but shall determine the beginning date of any warranties solely applicable to the completed portion. Upon such issuance the Owner shall be responsible for all maintenance, utilities, insurance and other similar expenses with respect to such use. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to an increase in the Contract Price of the Contract Time, or both.Deleted

Appears in 1 contract

Sources: Prime Contract