KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

I 5.4.7 Waiver of Remedies for Any Breach In the event that the Owner elects to waive its remedies for any breach by Contractor or any covenant, term or condition of this Contract, such waiver by the Owner shall not limit the Owner's remedies for any succeeding breach of that or of any other term covenant, or condition of this Contract. S.S. POSSESSION AND USE OF COMPLETED PORTIONS OF THE WORK ' The Owner shall have the right to take possession of and use completed or partially completed portions of the work even though the time for completing the work for such portions may not have expired. Operations and maintenance costs of use of such work will be borne by the Owner. Such possession ' and use shall not be deemed as acceptance of the work. If such prior possession or use increases the cost of the work, the Contractor may be entitled to request extra compensation by giving Notice and following the procedures of section 10. NOTICE TO OWNER and section 12. CONTRACT CLAIMS within five(5)days of each occurrence. The Contractor shall not submit a Contract Claim for possession by the Owner of portions of the work specifically required in the Contract Documents to be placed into use and/or operation before completion of the entirety of the work. 5.6. POSSESSION OF INCOMPLETE PORTIONS OF THE PROJECT Should the Contractor fail to meet any date specified for Substantial Completion of work or any portion of work requiring early possession and use by the Owner, the Owner may, after a 10-day Notice to the Contractor, take over such portion or any work that is behind schedule. In such case, the Owner's Representative will prepare a list of incomplete work taken over by the Owner. The cost of Owner's work will be charged to and deducted from amounts due to the Contractor. The Substantial Completion date of the entire or a portion of the Project will be established as the date when the Owner actually begins using the Project or portion of the Project for its intended purpose. Division of responsibilities between Owner and Contractor, beginning of warranties, and any other issues relating to Substantial Completion shall be as specified in section 5.7. Substantial Completion 5.7. SUBSTANTIAL COMPLETION When the Contractor considers the work to be Substantially Complete and ready for its intended use, it shall give Notice to the Owner's Representative. The Notice shall include an itemized list of remaining incomplete work. If the Engineer and Owner's Representative determine the work is not substantially complete, the Contractor will be notified in writing, identifying the reasons for such a determination. If the Engineer and Owner's Representative find the work substantially complete, they will meet with the I Contractor to (1) prepare a Punch List of incomplete items of work; (2)define the division of responsibility between Owner and Contractor with respect to security, operation, maintenance, heat, utilities, insurance, and warranties; and (3) describe any other issues related to acceptance of the substantially completed I work. If the Owner's Representative is not an employee of the Owner, the Owner's Representative will write to the Owner upon reaching agreement with the Contractor, certifying that the work is substantially complete, listing the items of incomplete work, stating the date for completion of incomplete work, defining the division of responsibilities, and setting forth any other terms related to acceptance. In such event, the Owner will review the Owner's Representative's certification that the work is substantially complete. If the Owner concurs, the Owner will notify the Contractor in writing that the work is accepted as substantially complete. Except for any portion(s)of work specified for early completion or required by the Owner for early possession, Substantial Completion will not occur for any work until the entire Project is ready for possession and use. The acceptance Notice will include a Punch List of incomplete work items and corrective work, set the date for their completion and repair, describe the division of responsibility between the Owner and Contractor, and describe any other terms of acceptance. The Contractor will acknowledge receipt of the acceptance Notice in writing, indicating acceptance of all of its terms and provisions. Subsequent to the Substantial Completion date, the Owner may exclude the Contractor from the work during such periods when construction activities might interfere with the intended operation of the Project. EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-19 I