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payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the <br />prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in <br />a civil action to collect interest penalties from a prime contractor must be awarded its costs and <br />inging the action. <br /> <br />ARTICLE 27. Approval of Payment <br /> <br />27.1 The Engineer's approval of any payment requested in an application for payment shall constitute <br />a representation by the Engineer to the Owner, based on the Engineer's on-site observations of the Work <br />in progress as an experienced and qualified design professional and on their review of the application <br />for payment and the supporting data, that the Work has progressed to the point indicated; that, to the <br />best of their knowledge, information and belief, the quality of the Work is in accordance with the <br />Contract Documents (subject to an evaluation of the Work as a functioning Project upon completion, <br />to the results of any subsequent tests called for in the Contract Documents and any qualifications stated <br />in his approval); and that the Contractor is entitled to payment of the amount approved. <br /> <br />27.2 The Engineer's approval of final payment shall constitute an additional representation by the <br />Engineer to the Owner that the conditions precedent to the Contractor's being entitled to final payment <br />as set forth in the Agreement have been fulfilled. <br /> <br />27.3 The Engineer may refuse to approve the payment if, in opinion, the Engineer is <br />unable to make such representations to the Owner. They may also refuse to approve any such payment <br />or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify <br />any such payment previously approved, to such extent as may be necessary in their opinion to protect <br />the Owner from loss because: <br /> <br /> 27.3.1 The Work is defective; <br /> <br /> 27.3.2 Claims have been filed or there is reasonable evidence to suggest such filing thereof; <br /> 27.3.3 The Contract Price has been reduced because of modifications or changes; <br /> <br /> 27.3.4 The Owner has been required to correct defective Work or complete the Work; <br /> <br /> 27.3.5 Unsatisfactory performance of the Work, including failure to clean up. <br /> <br />ARTICLE 28. Project Completion <br /> <br />28.1 Prior to final payment, the Contractor may, in writing to the Owner and the Engineer, certify <br />that the entire Project is complete and request that the Engineer issue a certificate of completion. Within <br />a reasonable time thereafter, the Owner, Contractor and Engineer will make an inspection of the Project <br />to determine the status of completion. If the Engineer and Owner do not consider the Project complete, <br />they will notify the Contractor in writing giving reasons thereof. If the Engineer and Owner consider <br />the Project complete, they will prepare and deliver to the Owner an application for final payment. <br /> <br />28.2 The Owner shall have the right to exclude the Contractor from the Project after the date of <br />completion, but the Owner will allow the Contractor reasonable access to complete or correct items of <br />repair and maintenance. <br />GC 20 <br /> <br /> <br />