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§ 9.8 SUBSTANTIAL COMPLETION
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br />is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br />Work for -its intended use.
<br />§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br />separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br />items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br />responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br />§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
<br />designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
<br />included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
<br />shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
<br />by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
<br />determine Substantial. Completion.
<br />§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
<br />Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish
<br />responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
<br />insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
<br />Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br />of the Work or designated portion thereof 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 such Certificate. Upon such acceptance and consent of surety, if
<br />any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
<br />shall be .adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<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
<br />to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the
<br />Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
<br />the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
<br />retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
<br />writing concerning the period for correction of the Work and commencement of warranties required by the Contract
<br />Docutnts. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
<br />submit a list to the Architect as provided under Section 9.8.2. Consentof the Contractor to partial occupancy or use
<br />shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
<br />between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
<br />§ 9.9.2 Irnm diately prior to such partial occupancv 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
<br />Work.
<br />§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
<br />constitute 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 written notice that the Work is ready for final inspection and acceptance and upon receipt of
<br />a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the
<br />Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue
<br />a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on
<br />the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms
<br />and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in
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