1−40 may immediately proceed to maintain the project. The entire cost of this maintenance will be deducted from monies due or to become due the Contractor.
105.17 Acceptance .
a.Partial Acceptance . When the Contractor substantially completes a unit or portion of the work in accordance with the definition contained in Subsection 101.71; Substantial Completion , the Contractor may request an inspection of that unit or portion of the project. The Engineer's inspection shall disclose the following:
1.Work not started, but required to be completed.
2.Incomplete work, the completion of which is required.
3.Unsatisfactory work, the correction of which is required. The Engineer shall provide the Contractor with a report containing the results of this inspection along with instruction for completing the construction of the unit or portion of the work under consideration. The Contractor shall immedi ately comply with these instructions. Upon completing and correcting the work, the Contractor may request another inspection. If, upon completion of this second inspection, the Engineer finds that the unit or portion of the work has been satisfactorily completed in compliance with the Contract, the Engineer may accept that unit or portion of the work as physically completed, and the Contractor may be relieved of further responsibility for such unit or portion of the work, provided that the Contractor agrees to deliver full documentation, certificates and proofs of compliance for said work during final acceptance. If, however, during this second inspection the Engineer finds any incomplete or unsatisfactory work, no partial acceptance will be granted, and acceptance of the unit or portion of the work must await the final acceptance of the entire project. Partial acceptance shall not void or alter any of the terms or provisions of the Contract.
b.Final Acceptance . Final acceptance of the project will be made by the Engineer on behalf of the State when the Contractor has completed the project in full accordance with the definition contained in Subsection 101.09; Completion . The procedure for obtaining final acceptance follows:
1.When the Contractor determines that the work of the Contract is substantially completed in accordance with the definition of Subsection 12.101.71; Substantial Completion , the Contractor shall notify the Engineer of this fact.
2.Within 30 calendar days of the Contractor's official notice, the Engineer will schedule a time and date for an inspection.
3.The Engineer's inspection shall take place at the time and date established in subparagraph (2), above. 1−41
4.Within 60 calendar days of the inspection, the Engineer will notify the Contractor, in writing, as to the following:
a.Any outstanding work items that remain to be completed.
b.Any unsatisfactory work that must be corrected.
c.The required submission of any and all executed documents, certificates, or proofs of compliance as required by the Contract. Subparagraphs (a), (b), and (c), above, constitute the Engineer's so-called, "punch list.”
5.The Contractor shall complete the work, correct unsatisfactory work, submit the required documents, and comply with all directions contained in the Engineer's "punch list" within 60 calendar days of the date of the Engineer's transmittal to the Contractor of said "punch list" except that; If, during the progression of these 60 calendar days for the Contractor to complete the work, the date of December 15th is encountered, said progression of days shall stop, and shall not again be resumed until the date of the following April 15th is encountered, the intervening 120 days being designated as winter "shut down" time.
6.At the conclusion of the 60 calendar days for the Contractor to complete the work, the progression of which is defined above, the Engineer shall make another inspection of the work. If the Engineer determines that the work of the Contract has been satisfactorily completed in full accordance with Subsection 101.09; Completion , such inspection shall constitute the Final Inspection. In such event, the Engineer will make final acceptance of the project on behalf of the State and shall notify the Contractor in writing of this acceptance as of the date of the aforementioned Final Inspection. If, however, this second inspection discloses that work remains to be completed, unsatisfactory work remains to be corrected, and documents remain to be submitted, the process will revert to that of Para. b.4 , above, and proceed accordingly; with the additional stipulation that liquidated damages will commence on the date of the second inspection and will remain in effect until final acceptance is subsequently achieved, all as hereinafter provided for in Subsection 108.08; Failure to Complete on Time .
105.18 Claims for Adjustments and Disputes .
a.Notification . If the Contractor deems that additional compensation is due for work or material not clearly covered in the Contract, the Contractor shall notify both the Engineer and the Chief of Construction Operations in writing of its intention to make claim for such additional compensation before beginning or continuing the affected work; also, the Contractor shall proceed diligently with performance of the contract pending final resolution of any request for relief, payment, claim, appeal or action arising under the contract, and comply with any decisions of the Engineer
1.If such notification is not given, or the Contractor does not afford the Engineer proper facilities for keeping strict account of the actual costs, the Contractor thereby
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 54–55 of 826.