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Owner will give Contractor immediate <br />written notice (with a copy to Engineer) <br />stating the reasons for such action and <br />promptly pay Contractor any amount <br />remaining after deduction of the amount <br />so withheld. Owner shall promptly pay <br />Contractor the amount so withheld, or <br />any adjustment thereto agreed to by <br />Owner and Contractor, when Contractor <br />corrects to Owner's satisfaction the <br />reasons for such action. <br />3. If it is subsequently determined that <br />Owner's refusal of payment was not <br />justified, the amount wrongfully withheld <br />shall be treated as an amount due as <br />detemiined by Paragraph 14.02.C.1. <br />14.03 Contractor's Warranty of Title <br />A. Contractor warrants and guarantees that title <br />to all Work, materials, and equipment covered <br />by any Application for Payment, whether <br />incorporated in the Project or not, will pass to <br />Owner no later than the time of payment free <br />and clear of all Liens. <br />14.04 Substantial Completion <br />A. When Contractor considers the entire Work <br />ready for its intended use Contractor shall <br />notify Owner and Engineer in writing that the <br />entire Work is substantially complete (except <br />for items specifically listed by Contractor as <br />incomplete) and request that Engineer issue a <br />certificate of Substantial Completion. <br />B. Promptly after Contractor's notification„ <br />Owner, Contractor, and Engineer shall make <br />an inspection of the Work to determine the <br />status of completion. If Engineer does not <br />consider the Work substantially complete, <br />Engineer will notify Contractor in writing <br />giving the reasons therefor. <br />C. If Engineer considers the Work substantially <br />complete, Engineer will deliver to Owner a <br />tentative certificate of Substantial Completion <br />which shall fix the date of Substantial <br />Completion. There shall be attached to the <br />certificate a tentative list of items to be <br />completed or corrected before final payment. <br />Owner shall have seven days after receipt of <br />the tentative certificate during which to make <br />written objection to Engineer as to any <br />provisions of the certificate or attached list. If, <br />after considering such objections, Engineer <br />concludes that the Work is not substantially <br />complete, Engineer will within 14 days after <br />submission of the tentative certificate to <br />Owner notify Contractor in writing, stating the <br />reasons therefor. If, after consideration of <br />Owner's objections, Engineer considers the <br />Work substantially complete, Engineer will <br />within said 14 days execute and deliver to <br />Owner and Contractor a definitive certificate <br />of Substantial Completion (with a revised <br />tentative list of items to be completed or <br />corrected) reflecting such changes from the <br />tentative certificate as Engineer believes <br />justified after consideration of any objections <br />from Owner. <br />D. At the time of delivery of the tentative <br />certificate of Substantial Completion, <br />Engineer will deliver to Owner and <br />Contractor a written recommendation as to <br />division of responsibilities pending final <br />payment between Owner and Contractor with <br />respect to security, operation, safety, and <br />protection of the Work, maintenance, heat, <br />utilities, insurance, and warranties and <br />guarantees. Unless Owner and Contractor <br />agree otherwise in writing and so inform <br />Engineer in writing prior to Engineer's issuing <br />the definitive certificate of Substantial <br />Completion, Engineer's aforesaid <br />recommendation will be binding on Owner <br />and Contractor until final payment. <br />E. Owner shall have the right to exclude <br />Contractor from the Site after the date of <br />Substantial Completion subject to allowing <br />Contractor reasonable access to complete or <br />correct items on the tentative list. <br />14.05 Partial Utilization <br />A. Prior to Substantial Completion of all the <br />Work, Owner may use or occupy any <br />substantially completed part of the Work <br />which has specifically been identified in the <br />Contract Documents, or which Owner, <br />Engineer, and Contractor agree constitutes a <br />separately functioning and usable part of the <br />Work that can be used by Owner for its <br />intended purpose without significant <br />interference with Contractor's performance of <br />the remainder of the Work, subject to the <br />following conditions. <br />Standard General Conditions <br />00 72 00-43 <br />