Orange County NC Website
Browse       Search
Should the CMAR fail to start a critical activity on the start date <br />shown in the Master Schedule or as it may have been adjusted <br />in accordance with this Article, or become delayed, the CMAR <br />and its Contractors shall, without being entitled to any increase <br />in the Guaranteed Maximum Price or other compensation, work <br />overtime, increase labor forces or take such other action as <br />may be necessary or appropriate to complete the activity by the <br />Completion Date shown on the Master Schedule, or as such <br />Completion Date may have been adjusted. <br />4.7 Schedule Monitoring <br />The Designer and Owner shall monitor progress of the Work <br />and the CMAR shall cooperate with such monitoring and <br />provide any and all information with respect to the progress of <br />the Work and scheduling as the Owner or Designer may <br />reasonably require. <br />4.8 Schedule Revisions <br />On a monthly basis, the CMAR shall revise the Master <br />Schedule, showing any adjustments made in accordance with <br />this Article, by any Change Order, the progress of the Work, <br />and any days gained or days lost with respect to any activity, <br />and shall furnish copies thereof to the Owner and Designer. <br />4.9 Withholding Pavment from CMAR <br />Should any monthly revision of any Master Schedule show that <br />the CMAR is behind on any critical activity, the late completion <br />of which could delay Substantial Completion of the Work, the <br />Owner shall be entitled to withhold from the next Progress <br />Payment due the CMAR an amount not exceeding the amount <br />the Owner would be entitled to in Liquidated Damages, should <br />Substantial Completion be delayed by the same number of <br />days that the CMAR is currently behind schedule. If, <br />subsequently, the Project progress, as shown by any <br />succeeding monthly revision to the Master Schedule, is such <br />that the anticipated delay no longer exists, the Owner shall pay <br />with the Progress Payment next due to the CMAR such <br />amounts as have been withheld in accordance with this <br />paragraph. <br />4.10 Work by Owner <br />If the CMAR, within a period of five (5) days after notice that it <br />is behind in a critical activity or is otherwise in default under this <br />Agreement, shall not proceed in good faith and with reasonable <br />speed to correct such delay or default in accordance with such <br />notice, the Owner shall have full power and authority to take <br />the prosecution of the Work out of the hands of the CMAR, to <br />appropriate or use any or all materials and equipment at the <br />Project as may be suitable and acceptable, and to enter into <br />other agreements for the completion of the Work or pursue <br />such other methods as in the Owner's sole discretion and <br />opinion shall be necessary or appropriate for the completion of <br />the Work in an acceptable manner. The Owner shall have the <br />right to perform Work, hire and employ labor and craftsmen, <br />rent equipment, subcontract with other parties, or do anything <br />that the Owner deems necessary or appropriate to remedy or <br />cure any delay or default by the CMAR in the progress of the <br />Work. Such action by the Owner shall not, in any way, affect, <br />void or limit any warranty, guaranty or other responsibility of the <br />CMAR under the Contract Documents. Such action may be <br />taken by the Owner only after five (5) days written notice to the <br />CMAR. All costs incurred by the Owner in taking any such <br />action shall be charged to the CMAR and deducted from any <br />amounts due under the Agreement. <br />4.11 Force Maieure <br />The CMAR may be entitled to an extension of the time for <br />completion (but no increase in the Guaranteed Maximum Price <br />except as described in this Paragraph 4.11) for delays arising <br />from unforeseen causes beyond the control and without the <br />fault or negligence of the Owner, the CMAR or the CMAR's <br />Contractors as follows: <br />4.11.1 Acts of God, tornado, fire, hurricane or earthquake that <br />damage completed Work or stored materials. <br />4.11.2 Acts of sabotage that damage completed work or stored <br />materials. <br />4.11.3 Labor disputes at the project site. <br />4.11.4 Unavoidable casualties that damage completed work or <br />stored materials. <br />4.11.5 Acts of the public enemy. <br />4.11.6 Acts of the State, Federal, or local government in their <br />sovereign capacities. <br />4.11.7 Abnormal inclement weather as defined in <br />Paragraph 4.13. <br />If the Force Majeure delay is greater than 120 days, the Owner <br />shall consider and, if reasonable, approve a request for an <br />17 <br />