7-1-2015
3(a) Substantial Completion Form: A project has reached substantial completion when the work
is sufficiently complete so the Owner can occupy or utilize the project for its intended purpose.
When the Contractor considers the project to have reached this level, the Contractor should
notify the Design Professional, Owner, and DBA to request an inspection. Substantial
completion must be agreed to by all parties. Satisfaction that the “punch list” of the remaining
work can be accomplished in a reasonable timeframe (normally 30 days or less) should be
reviewed before committing to substantial completion. Extensive punch lists typically do not
meet the definition of “substantially complete”. Owners who inadvertently agree to award
substantial completion to meet their operational needs may be faced with months of uncompleted
work and dissatisfaction. Typically Owners assumes responsibility for maintenance, security,
utilities, damage, and insurance once the project is accepted as substantially complete. For this
reason it is imperative the project truly has reached a level a completion whereby it can be used
for its intended purpose. When an agreement has been reached with the Contractor, Owners
should attach with the punch list any other conditions to a DBA approved substantial completion
form. The executed document is then submitted to the DBA Construction Section for final
approval. Normally substantial completion is approved prior to the request for final payment,
therefore it is not necessary to resubmit this form. Your agency should insist on receiving the
documents listed on the Project Close-Out Checklist item #4 prior to approving the
substantial completion. Again, good communication is the key to a successful project so
inform the contractor at the pre-construction conference that you will require the completed
close-out documents prior to approving project substantial completion.
3(b) Certificate of Final Completion: This certificate is used for two purposes. First, to signify
the project is 100% complete (includes all punch list items). Second, to establish the date the
project is complete. The project completion date begins the 30 day timeframe for the Agency to
release the retainage. The Design Professional will coordinate a date and time for the Agency,
Design Professional, Contractor, and the DBA Observer to meet on site to verify the project is
complete. If all parties agree that final completion has been met, then the parties will execute the
Certificate of Final Completion form on the date each party agrees.
3(c) Contractors Application for Final Payment: The contractor will submit a request for final
payment shortly after the Certificate of Final Completion has been executed. DBA will accept
any format for final payment as long as it contains the required information to process the
payment. In most cases periodic payments have been made to the Contractor as the construction
progresses, excluding the mandatory retainage. Prior to awarding project completion, review
Arkansas Code Annotated §22-9-604 (retainage) and § 22-9-205 (delinquent payment) your
responsibilities as the Owner processing proper payment. Please review §22-9-501 through 505
if your project involves the substitution of securities for retained payments through the Treasurer
of State.
3(d) Release of Liens/Claims: This form must be submitted to DBA. It is to be completed by the
contractor (and notarized) and submitted with the request for final payment. By executing this
document, the Contractor is certifying that they have paid and otherwise satisfied all obligations
for all furnished materials, equipment, all work, labor and services performed, and for all known
claims against the Contractor arising in any manner in connection with the performance of the
contract with the State. This document gives assurances to the owner that the contractor has