1908Final Estimate and Payment – Conditions and Process

– CONDITIONS AND PROCESS

1908.1GENERAL

The Department will initiate the final estimate and payment process in accordance with this section after the Contractor achieves Project acceptance as specified in 1516.2, “Project Acceptance.” The Department may make corrections to estimates for partial payments in the final estimate. No consideration will be given for any consequential damages due to any previous overpayments or underpayments made before the final estimate and discovered at the time of the final estimate. If the final estimate shows that the total of all partial payments exceeds the total amount due the Contractor, the Contractor shall promptly refund the overpayment . If the Contractor fails to refund the overpayment, the Department may deduct the amount of overpayment from any moneys due or becoming due to the Contractor under any other contract. This right survives the completion and closeout of the Contract.

1908.2SEMI-FINAL ESTIMATE FOLLOWING PROJECT ACCEPTANCE

After issuing Project acceptance in accordance with 1516.2, “Project Acceptance,” the Engineer will prepare a semi-final estimate showing the accepted quantity and value of each Contract Item performed by the Contractor, and the amounts the Department will retain or deduct as required by the Contract . The Contractor shall review and comment on the semi-final estimate.

1908.3FINAL ESTIMATE FOLLOWING COMPLETION OF WORK

The Department will review records and other factors indicating compliance with the requirements of 1516.3, “Completion of the Work.” The Department will prepare and provide the final estimate and certificate of final acceptance to the Contractor after the Contractor completes the Work in accordance with 1516.3, “Completion of the Work.” The Contractor shall execute and return the certificate of final acceptance to the Department within 90 Calendar Days of receipt. If the Contractor does not return the executed certificate of final acceptance within the time specified in this section, the Department will deem the certificate accepted by the Contractor. The Contractor’s acceptance of the final payment constitutes a certification by the Contractor that the Contractor performed the Work in accordance with all Contract requirements. The Department will make final payment to the Contractor after the Contractor executes and returns the certificate of final acceptance or the Department deems the certificate accepted. Creating the final estimate and making final payment shall not relieve the Contractor of financial liabilities imposed by statute or waive Department claims, under Minnesota Statutes, Chapter 15C or otherwise, with respect to any overcharges or any claims made by the Contractor under or related to the Contract. Final payment and Contract closeout by the Department does not affect the rights of any claimants under Minnesota Statutes, section 177.44.