Delay in Final Completion Sample Clauses

The 'Delay in Final Completion' clause defines the procedures and consequences when a project or contractual work is not finished by the agreed-upon final completion date. Typically, this clause outlines the responsibilities of the parties if delays occur, such as the assessment of liquidated damages, requirements for notifying the other party, or steps to mitigate the delay. Its core practical function is to allocate risk and provide a clear framework for addressing late completion, thereby encouraging timely performance and offering remedies if deadlines are missed.
Delay in Final Completion. If after Substantial Completion of the Work, Final Completion is materially delayed through no fault of the Design/Builder or by the issuance of additional Change Orders or Change Directives by the Owner, the Owner shall, upon request of the Design/Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed. If the remaining balance for Work not fully completed is less than the Retainage, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed shall be submitted by the Design/Builder to the Owner, and such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims by either the Design/Builder or the Owner.
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Delay in Final Completion. District shall make payment of the balance due for any portion of the Work fully completed and accepted if final completion is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion. In the event that final completion is not accomplished within thirty (30) days after the date of Substantial Completion due to any fault of Contractor, District may withhold from the final payment 150 percent of the reasonable cost to complete the unfinished Work and to attain final completion. In the event Contractor fails to complete the Work necessary to attain final completion after forty five (45) days from Substantial Completion, District may, without waiving other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld.
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Delay in Final Completion. If final completion is not accomplished within 30 days after the date of Substantial Completion due to any fault of Design-Builder, THPRD may withhold from any subsequent progress payments and from the final payment 150 percent of the reasonable cost of the unfinished Work necessary to attain final completion. Withheld funds will be paid pro rata following successful completion of the unfinished Work if the Work is done by Design-Builder. If Design-Builder fails to complete the Work necessary to attain final completion, THPRD may, without waiving any other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld. THPRD will not withhold any amount under this section relating to Work arising from Change Orders or THPRD Directives issued following the date of Substantial Completion.
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Delay in Final Completion. City shall make payment of the balance due for any portion of the Work fully completed and accepted if final completion is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion. In the event that final completion is not accomplished within thirty (30) days after the date of Substantial Completion due to any fault of Contractor, City may withhold from the final payment 150 percent of the reasonable cost to complete the unfinished Work and to attain final completion. In the event Contractor fails to complete the Work necessary to attain final completion after forty five (45) days from Substantial Completion, City may, without waiving other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld.
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Delay in Final Completion. If after Substantial Completion of the Work, Final Completion is materially delayed through no fault of the Design-Builder or by the issuance of additional Change Orders, the City will, upon request of the Design-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed. If the remaining balance for Work not fully completed is less than the Retention, and if Bonds have been furnished, the written consent of Surety to payment of the balance due for that portion of the Work fully completed shall be submitted by the Design-Builder to the City, and such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of Claims by either the Design-Builder or the City.
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Related to Delay in Final Completion

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such 9.9.2 Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the State or its property might in any way be responsible, have been paid or otherwise satisfied; (2) consent of surety, if any, to final payment; (3) Other data establishing payment or satisfaction of all such obligations, including, but not limited to, receipts, releases, or other supporting documentation. and (4) final waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the State. If any Subcontractor refuses to furnish a release or waiver required by the State, the Contractor may furnish a bond satisfactory to the State to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the State all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the State shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as required by the Contract Documents, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall constitute a waiver of all claims by the State except those arising from: (a) unsettled liens, (b) faulty or defective Work appearing after Substantial Completion, (c) failure of the Work to comply with the requirements of the Contract Documents, or (d) terms of any special warranties required by the Contract Documents. 9.9.5 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment.

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Project Completion The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch List” corrections and schedule a final project completion job walk. The County will sign the “Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request: