When may the Work be occupied and utilized for its intended use?

The correct response is the date of Substantial Completion. This milestone marks the point at which the construction project is sufficiently complete, allowing the owner to take possession of the site and utilize it for its intended purpose, even if there are minor outstanding items to be resolved.

Substantial Completion signifies that the work is largely finished, offering the owner the ability to occupy and use the building, which is often critical for moving in operations or tenant fit-out. It generally denotes that the project has met the requirements stipulated in the contract and that the owner can begin using the space while the contractor finalizes any remaining work.

While the issuance of an occupancy permit by the building official is critical for legal and safety reasons, it is typically reliant on achieving Substantial Completion. Only after confirming that the project meets all necessary regulations and codes can the occupancy permit be granted, allowing the owner to officially occupy the building. Therefore, the occupancy permit is not the immediate condition for utilization, but rather a subsequent step confirming the building's compliance.

Final Completion represents the stage where all aspects of the project, including all repairs and corrections, are fully addressed. Occupancy can occur prior to this stage, as the space can be used effectively once it reaches the Substantial Completion level.

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