Procedure for Final Acceptance Clause Samples
The Procedure for Final Acceptance clause outlines the steps and requirements necessary for a project, product, or service to be officially accepted as complete by the client or owner. Typically, this clause details the process for submitting a notice of completion, conducting inspections or tests, and addressing any outstanding deficiencies or punch list items. Its core function is to provide a clear and standardized method for confirming that all contractual obligations have been met, thereby reducing disputes and ensuring both parties agree on when the work is finished and accepted.
Procedure for Final Acceptance. Not earlier than sixty (60) days or later than forty-five (45) days prior to the date of expiration of a Warranty Period, Developer shall submit a written request for Final Acceptance of the related Improvements.
1. Within a reasonable time after ▇▇▇▇▇▇▇▇▇’s request for Final Acceptance, the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof.
a. During or subsequent to such inspection, the City shall generate a written “punch list” of items requiring correction, repair or replacement in compliance with all applicable ordinances and standards of the City. Failure to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance.
i. Not less than thirty (30) days after the date the punch list is provided to Developer, unless Developer authorizes an earlier inspection, the City shall conduct a re-inspection of the Improvements and generate a new written punch list unless all punch list items have been corrected, repaired or replaced to the satisfaction of the City.
ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which time, the City shall proceed with Final Acceptance as set forth herein.
b. If the subdivision and/or development of the Property involves a land dedication to the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements.
2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the City.
3. If the Improvements subject to the inspection request fully conform to this Agreemen...