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The PROJECT MANAGER or the Principal Representative may hold, or, on account of <br /> subsequently discovered evidence, nullify the whole or any part of any invoice on account of: <br /> (a) Defective work not remedied; <br /> (b) Claims filed or reasonable evidence indicating probable filing of claims; <br /> (c) Failure of the CONTRACTOR to make payment to subcontractors or for material or <br /> labor; <br /> (d) A reasonable doubt that the Contract can be completed for the balance of the <br /> contract price then unpaid; <br /> (e) Damage to another CONTRACTOR; <br /> (f) Failure to obtain necessary permits or licenses or to comply with applicable laws, <br /> ordinances, codes, rules or regulations; <br /> (g) Failure to submit weekly progress reports; <br /> (h) Failure of the CONTRACTOR to keep his work progressing in accordance with his <br /> time schedule; <br /> (i) Failure to keep a superintendent on the work; <br /> 0) Unauthorized deviations by the CONTRACTOR from the Contract Documents. <br /> When the grounds for such withholding or nullifying are removed, payment shall be made for the <br /> amounts withheld. <br /> If the Principal Representative deems inexpedient the correction of damaged work or of work not <br /> performed in accordance with the contract, equitable reduction of contract price shall be made. <br /> Article 48. FINAL INSPECTION <br /> The Principal Representative shall make final inspection of the project to determine whether the <br /> work has been completed in accordance with the Contract Documents. A final punch list shall be <br /> made by the Principal Representative on the Final Inspection and Certificate of Completion form in <br /> sufficient detail to fully outline to the CONTRACTOR: <br /> a) Work to be completed, if any; <br /> b) Work not in compliance with the drawings or specifications, if any; <br /> c) Unsatisfactory work for any reason, if any. <br /> If any punch-list results from the final inspection, the CONTRACTOR shall promptly rectify all items <br /> on it. <br /> Article 49. FINAL INSPECTION AND CERTIFICATE OF COMPLETION <br /> The Final Inspection and Certificate of Completion shall establish the completion date of the <br /> project. <br /> Article 50. SETTLEMENT <br /> The Principal Representative shall not authorize final payment until all items on the punch list have <br /> been completed, the Final Inspection and Certificate of Completion issued, and the Notice of <br /> CONTRACTOR'S Settlement published. Before the Principal Representative may advertise, the <br /> CONTRACTOR shall deliver the Principal Representative all guaranties and warranties, and daily <br /> or weekly Job Logs. <br /> When the Principal Representative indicates acceptance of the work, the CONTRACTOR may <br /> requisition final payment, including retainage, on account of the contract price. <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 19 of 21 Pages <br /> Revised: 9/17/2019 <br />