14.03 CONTRACTOR’S Warranty of Title
A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial
Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the
Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete,
ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the
Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of
Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate
to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of OWNER's
objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute
and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as
ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the
tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation to division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat,
utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in
writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of
Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically
been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended
purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may
be accomplished prior to Substantial Completion of all the Work subject to the following conditions.
1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of
the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work
to determine its status of completion. If ENGINEER does not consider that part of the Work to be
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