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1 <br /> 6. Misrepresentation of the quality of materials installed or amount of Work <br /> performed. <br /> 7. Discovery that a previous pay estimate erred with respect to the amount of <br /> Work performed or materials installed,irrespective of the Owner's <br /> Representative's recommendation at the time of the progress pay estimate. <br /> 8. Any other event that consists of a default Section 5.4.1 of these General <br /> Conditions. <br /> The Owner mayrefuse to make payment of the full amount recommended bythe Owner's Representative <br /> pYm p <br /> because of Contract Claims made against the Owner on account of Contractor's performance or furnishing <br /> the Work or because of liens filed in connection with the Work or other set offs entitling Owner to reduce <br /> the amount recommended. In such case,the Owner shall give Contractor prompt written notice with copy <br /> to the Owner's Representative stating the reasons for each action. <br /> 9.1.3. Final Payment <br /> Upon receipt of Contractor's written Notice that the Work is ready for final inspection and acceptance and. <br /> upon receipt of a final Application for Payment,the Owner's Representative will inspect the Work. If the <br /> Owner's Representative finds the Work acceptable under the Contract Documents and the Contract fully <br /> performed and if the Contractor has signed a final contract voucher,the Owner's Representative will issue <br /> a final certificate for payment.The certificate for payment will state that to the best of the Owner's <br /> Representative's knowledge, information and belief,the Work appears to have been completed in <br /> accordance with terms and conditions of the Contract Documents and that the entire balance found to be <br /> due the Contractor and noted in the final certificate is due and payable. <br /> Final payment shall not become due until the Contractor submits to the Owner's Representative;(1)an <br /> affidavit that payrolls,bills for materials and Equipment, and other indebtedness connected with the Work <br /> for which the Owner or the Owner's property might be responsible or encumbered, less amounts withheld <br /> by Owner,have been paid or otherwise satisfied; (2)a certificate evidencing that insurance required by <br /> the Contract Documents to remain in force after final payment is currently in effect and will not be <br /> canceled or allowed to expire until at least thirty(30)days'prior written Notice has been given to the <br /> Owner;(3)a written statement that the Contractor knows of no substantial reason that the insurance will <br /> not be renewable to cover the period required by the Contract Documents; (4)consent of surety, if any,to <br /> final payment; and(5)if required by the Owner,other data establishing payment or satisfaction of <br /> obligations, such as receipts,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 be designated by the Owner. If a <br /> Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a <br /> bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied <br /> after payments are made,the Contractor shall refund to the Owner all money that the Owner may be <br /> compelled to pay in discharging such lien,including all costs and reasonable attorneys'fees. <br /> Prior estimates and payments,including those relating to Extra Work or Work omitted, shall be subject to <br /> correction by the final payment. <br /> If,after Substantial Completion of the Work,Final Acceptance thereof is materially delayed through no <br /> fault of the Contractor or by issuance of Change Orders affecting Final Acceptance,and the Owner's <br /> Representative so confirms,the Owner may,upon application by the Contractor and certification by the <br /> Owner's Representative,and without terminating the Contract,make payment of the balance due for that <br /> portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed <br /> or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished, <br /> the written consent of surety to payment of the balance due for that portion of the Work fully completed. <br /> and accepted shall be submitted by the Contractor to the Owner's Representative prior to certification of <br /> I <br /> General Conditions—007200-33 <br /> 1 <br />