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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 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. When the Architect finds the Work
<br />acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final
<br />Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the
<br />Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that
<br />the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final
<br />Certificate for Payment will constitute a further representation that conditions listed in Section9.10.2 as precedent to the
<br />Contractor’s being entitled to final payment have been fulfilled.
<br />§9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
<br />Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
<br />which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been
<br />paid or otherwise satisfied, including but not limited to completed IC-134 forms, (2) a certificate evidencing that insurance
<br />required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that
<br />the 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, (6)a complete set of as-built drawings, indicating changes to
<br />the Construction Documents during construction,and(7)if required by the Owner, other data establishing payment or
<br />satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances
<br />arising out of the Contract, to the extent and in such form as may bedesignated by the Owner. If a Subcontractor refuses to
<br />furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify
<br />the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance
<br />remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be
<br />compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable
<br />attorneys’ fees.
<br />§9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the
<br />Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon
<br />application bythe Contractor and certification by the Architect, and without terminating the Contract, make payment of the
<br />balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully
<br />completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the
<br />written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be
<br />submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms
<br />and conditions governing final payment, except that it shall not constitute a waiver of Claims.
<br />§9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents;
<br />.3 terms of special warranties required by the Contract Documents; or
<br />.4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.
<br />§9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by
<br />that payee except those previously made in writing and identified by that payee as unsettled at the time of final Applicationfor
<br />Payment.
<br />§9.10.6 When the Contractor has completed or corrected all items on the final Punch List and considers that the Work is
<br />complete and ready for final acceptance, the Contractor must give written notice to the Owner and the Architect and request a
<br />final inspection of the Work as provided in Section 9.10.2. The Contractor’s notice and request for a final inspection must be
<br />accompanied by a final Application for Payment and the Submittals required by Section 9.10.3.
<br />§9.10.7 Upon receipt of the Contractor’s notice and request for final inspection, the Owner and Architect will promptly make
<br />such inspection and, when the Owner and Architect concur that the Work has been fully completed and is acceptable under the
<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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