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inspection, annotated record documents (as provided in Paragraph 7.11), and other <br />documents, Contractor may make application for final payment. <br />2. The final Application for Payment shall be accompanied (except as previously <br />delivered) by: <br />a. all documentation called for in the Contract Documents; <br />b. consent of the surety, if any, to final payment; <br />c. satisfactory evidence that all title issues have been resolved such that title to all <br />Work, materials, and equipment has passed to Owner free and clear of any Liens <br />or other title defects, or will so pass upon final payment. <br />d. a list of all disputes that Contractor believes are unsettled; and <br />e. complete and legally effective releases or waivers (satisfactory to Owner) of all <br />Lien rights arising out of the Work, and of Liens filed in connection with the Work. <br />3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as <br />approved by Owner, Contractor may furnish receipts or releases in full and an affidavit <br />of Contractor that: (a) the releases and receipts include all labor, services, material, <br />and equipment for which a Lien could be filed; and (b) all payrolls, material and <br />equipment bills, and other indebtedness connected with the Work for which Owner <br />might in any way be responsible, or which might in any way result in liens or other <br />burdens on Owner's property, have been paid or otherwise satisfied. If any <br />Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor <br />may furnish a bond or other collateral satisfactory to Owner to indemnify Owner <br />against any Lien, or Owner at its option may issue joint checks payable to Contractor <br />and specified Subcontractors and Suppliers. <br />B. Engineer's Review of Application and Acceptance: <br />1. If, on the basis of Engineer's observation of the Work during construction and final <br />inspection, and Engineer's review of the final Application for Payment and <br />accompanying documentation as required by the Contract Documents, Engineer is <br />satisfied that the Work has been completed and Contractor's other obligations under <br />the Contract have been fulfilled, Engineer will, within ten days after receipt of the final <br />Application for Payment, indicate in writing Engineer's recommendation of final <br />payment and present the Application for Payment to Owner for payment. Such <br />recommendation shall account for any set -offs against payment that are necessary in <br />Engineer's opinion to protect Owner from loss for the reasons stated above with <br />respect to progress payments. At the same time Engineer will also give written notice <br />to Owner and Contractor that the Work is acceptable, subject to the provisions of <br />Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to <br />Contractor, indicating in writing the reasons for refusing to recommend final payment, <br />in which case Contractor shall make the necessary corrections and resubmit the <br />Application for Payment. <br />C. Completion of Work: The Work is complete (subject to surviving obligations) when it is <br />ready for final payment as established by the Engineer's written recommendation of final <br />payment. <br />D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application <br />for Payment and accompanying documentation, the amount recommended by Engineer <br />(less any further sum Owner is entitled to set off against Engineer's recommendation, <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 60 of 65 <br />