2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance required
by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective
releases or waivers (Satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the
Work.
3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls,
material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier
fails to furnish such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral satisfactory to
OWNER to indemnify OWNER against any lien.
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and
ENGINEER's review of the final Application of Payment and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the
final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the
Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to
OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise,
ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing
to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the
Application for Payment.
Cc. Payment Becomes Due
1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation,
the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to
CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so
confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of
ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is
less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01,
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 CONTRACTOR to ENGINEER with the Application for 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.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. A waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are
still unsettled.
GC - 48 of 53
