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substitute a surety bond for the property against which the lien or other claim for payment has been asserted.
<br />§9.7 Failure of Payment
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of
<br />the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date
<br />established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then
<br />the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the
<br />amount owing has beenreceived. The Contract Time shall be extended appropriately and the Contract Sum shall be increased
<br />by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the
<br />Contract Documents.
<br />§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 is
<br />sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its
<br />intended use.
<br />§9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is
<br />substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed
<br />or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to
<br />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 included
<br />on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can
<br />occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the
<br />Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the
<br />Contractor shall then submit a request for another inspection by the 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 of
<br />Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and
<br />Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the
<br />Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall
<br />commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the
<br />Certificate of Substantial Completion.
<br />§9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance
<br />of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall
<br />make paymentof retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that
<br />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 such
<br />portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the
<br />insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may
<br />commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing
<br />the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to
<br />the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of
<br />warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the
<br />Contractor shall prepare and submit a list to the Architect as provided under Section9.8.2. Consent of the Contractor to partial
<br />occupancy or use shall not be unreasonably withheld. Thestage of the progress of the Work shall be determined by written
<br />agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
<br />§9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area
<br />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 />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 trademarks of The
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