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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of
<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
<br />for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations,
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<br />User Notes: (1345795138)
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<br />Owner or Architect. In such case, the Contractor shall then submit a request for another inspection by the Owner and
<br />Architect to determine Substantial Completion.
<br />§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate
<br />of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the
<br />Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time
<br />within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the
<br />Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof
<br />unless otherwise provided in the Certificate of Substantial Completion.
<br />§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br />acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any,
<br />the Owner shall, within fifteen (15) days, make payment of retainage. Such payment shall be adjusted by 150% the
<br />reasonable estimated cost of completing any unfinished items on the Punch List.
<br />§ 9.9 Partial Occupancy or Use
<br />§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br />such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to
<br />by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use
<br />may commence whether or not the portion is substantially complete, provided the Owner and Contractor have
<br />accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance,
<br />heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of
<br />the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a
<br />portion substantially complete, the Contractor shall prepare and submit a list to the Owner and Architect as provided
<br />under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The
<br />stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor. For
<br />partial occupancy or use, the Owner shall reduce retainage proportionally to the Contractor at the time of partial
<br />occupancy or use.
<br />§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect
<br />the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
<br />§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
<br />acceptance of Work not complying with the requirements of the Contract Documents.
<br />§ 9.10 Final Completion and Final Payment
<br />§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and
<br />upon receipt of a final Application for Payment, the Owner or Architect will promptly make such inspection. Such
<br />inspection shall be commercially reasonable in accordance with standard commercial construction industry practices.
<br />When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the
<br />Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge,
<br />information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed
<br />in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the
<br />final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further
<br />representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment
<br />have been fulfilled.
<br />§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to
<br />the Owner and Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
<br />connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less
<br />amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required
<br />by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the
<br />Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract
<br />Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as
<br />manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data
<br />establishing payment or satisfaction of obligations, such as receipts and releases and, conditioned upon final payment,
<br />waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form
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