The last Pay Application is generally done to release the retention on a project and to do any reconciliation of the line items in the Schedule of Values that are unit priced based, if any. If you still have some outstanding changes that have yet to be resolved, then by all means you need to have the discussion with your contractor. The a Pay App can be processed for these changes. The Final Pay App should come after the project has been accepted by the Owner and your notice of Completion has been filed. Then the Final Payment can be made after the requisite 35 day lean release period (in California at least) and no protests from any subcontractor or supplier are filed.
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Richard Panos AIA, CCM
Director of Construction Management
Simplus Management
Cypress CA
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Original Message:
Sent: 04-09-2019 10:18
From: Kurt Schnarr
Subject: B-104 Contractual Obligations to Owner
I am working on a project that is in the final stages of punch list completion. The contractor provided a pencil copy of the final application for payment as well as documentation to generate a change order for a number of small items that the owner and clerk of the works asked the contractor to proceed with prior to submitting cost. The work has been completed but the contractor did not include a few of these items with his document to be included in the change order. We have a B-104 contract in place with the owner and I am wondering if I need to bring these items to the contractors attention?
Thank you
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Kurt Schnarr Assoc. AIA
In Site Architecture
Perry NY
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