Orange County NC Website
GENERAL CONDITIONS <br /> ARTICLE 7 ARTICLE 9 <br /> CONTRACT DOCUMENTS CONTRACTOR <br /> 7.1 The Contract Documents consist of this Agreement with 9.1 The Contractor shall supervise and direct the Work,using <br /> Conditions of the Contract(General, Supplementary and other the Contractor's best skill and attention. The Contractor shall <br /> Conditions), Drawings, Specifications, addenda issued prior to be solely responsible for and have control over construction <br /> the execution of this Agreement,other documents listed in this means, methods, techniques, sequences and procedures and <br /> Agreement and Modifications issued after execution of this for coordinating all portions of the Work under the Contract, <br /> Agreement.The intent of the Contract Documents is to include unless Contract Documents give other specific instructions <br /> all items necessary for the proper execution and completion of concerning these matters. <br /> the Work by the Contractor. The Contract Documents are <br /> complementary, and what is required by one shall be as bind- Unless otherwise provided in the Contract Documents,the <br /> Co <br /> ing as if required by all;performance by the Contractor shall be Contractor shall provide and pay for labor, materials, equip- <br /> required only to the extent consistent with the Contract Docu- e , tools, construction equipment and machinery, water, <br /> h <br /> ments and reasonably inferable from them as being necessary heatt, utilities, transportation, and other facilities and services <br /> to produce the intended results. necessary for the proper execution and completion of the <br /> Work, whether temporary or permanent and whether or not <br /> 7.2 The Contract Documents shall not be construed to create a incorporated or to be incorporated in the Work. <br /> contractual relationship of any kind(1)between the Architect 9,3 The Contractor shall enforce strict discipline and good <br /> and Contractor,(2)between the Owner and a Subcontractor or order among the Contractor's employees and other persons <br /> Sub-subcontractor or(3)between any persons or entities other carrying out the Contract. The Contractor shall not permit <br /> than the Owner and Contractor. employment of unfit persons or persons not skilled in tasks <br /> 7.3 Execution of the Contract by the Contractor is a represen- assigned to them. <br /> tation that the Contractor has visited the site and become famil- 9.4 The Contractor warrants to the Owner and Architect that <br /> iar with the local conditions under which the Work is to be materials and equipment furnished under the Contract will be <br /> performed. of good quality and new unless otherwise required or permit- <br /> ted by the Contract Documents, that the Work will be free <br /> 7.4 The term "Work" means the construction and services from defects not inherent in the quality required or permitted, <br /> required by the Contract Documents, whether completed or and that the Work will conform with the requirements of the <br /> partially completed, and includes all other labor, materials, Contract Documents. Work not conforming to these require- <br /> equipment and services provided or to be provided by the ments, including substitutions not properly approved and <br /> Contractor to fulfill the Contractor's obligations. The Work authorized, may be considered defective. The Contractor's <br /> may constitute the whole or a part of the Project. warranty excludes remedy for damage or defect caused by <br /> abuse,modifications not executed by the Contractor,improper <br /> or insufficient maintenance, improper operation, or normal <br /> wear and tear under normal usage. If required by the Architect, <br /> the Contractor shall furnish satisfactory evidence as to the kind <br /> ARTICLE 8 and quality of materials and equipment. <br /> OWNER 9.5 Unless otherwise provided in the Contract Documents,the <br /> Contractor shall pay sales, consumer, use, and other similar <br /> 8.1 The Owner shall furnish surveys and a legal description of taxes which are legally enacted when bids are received or nego- <br /> the site. tiations concluded, whether or not yet effective or merely <br /> scheduled to go into effect, and shall secure and pay for the <br /> 8.2 Except for permits and fees which are the responsibility of building permit and other permits and governmental fees, <br /> the Contractor under the Contract Documents,the Owner shall licenses and inspections necessary for proper execution and <br /> secure and pay for necessary approvals,easements,assessments completion of the Work. <br /> and charges required for the construction,use or occupancy of 9.6 The Contractor shall comply with and give notices <br /> permanent structures or permanent changes in existing facilities. required by laws, ordinances, rules, regulations, and lawful <br /> orders of public authorities bearing on performance of the <br /> 8.3 If the Contractor fails to correct Work which is not in Work. The Contractor shall promptly notify the Architect and <br /> accordance with the requirements of the Contract Documents Owner if the Drawings and Specifications are observed by the <br /> or persistently fails to carry out the Work in accordance with Contractor to be at variance therewith. <br /> the Contract Documents, the Owner, by a written order, may <br /> order the Contractor to stop the Work,or any portion thereof, 9.7 The Contractor shall be responsible to the Owner for the <br /> until the cause for such order has been eliminated; however, acts and omissions of the Contractor's employees,Subcontrac- <br /> the right of the Owner to stop the Work shall not give rise to a tors and their agents and employees, and other persons per- <br /> duty on the part of the Owner to exercise this right for the forming portions of the Work under a contract with the <br /> benefit of the Contractor or any other person or entity. Contractor. <br /> AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•A10 •©1987 <br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 6 <br /> WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. <br />