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the arbitrator or arbitrators shall be final,and judgment may be 12.3 Costs caused by delays, improperly timed activities or
<br /> entered upon it in accordance with applicable law in any court defective construction shall be borne by the party responsible
<br /> having jurisdiction thereof. Except by written consent of the therefor.
<br /> person or entity sought to be joined,no arbitration arising out ARTICLE 13
<br /> of or relating to the Contract Documents shall include,by con-
<br /> solidation,joinder or in any other manner,any person or entity CHANGES IN THE WORK
<br /> not a parry to the Agreement under which such arbitration
<br /> arises,unless it is shown at the time the demand for arbitration 13.1 The Owner,without invalidating the Contract,may order
<br /> is filed that(1)such person or entity is substantially involved in changes in the Work consisting of additions,deletions or modi-
<br /> a common question of fact or law,(2)the presence of such per- fications, the Contract Sum and Contract Time being adjusted
<br /> son or entity is required if complete relief is to be accorded in accordingly. Such changes in the Work shall be authorized by
<br /> the arbitration,(3)the interest or responsibility of such person written Change Order signed by the Owner, Contractor and
<br /> or entity in the matter is not insubstantial,and(4)such person Architect,or by written Construction Change Directive signed
<br /> or entity is not the Architect or any of the Architect's by the Owner and Architect.
<br /> employees or consultants. The agreement herein among the 13.2 The Contract Sum and Contract Time shall be changed
<br /> parties to the Agreement and any other written agreement to only by Change Order.
<br /> arbitrate referred to herein shall be specifically enforceable
<br /> under applicable law in any court having jurisdiction,thereof. 13.3 The cost or credit to the Owner from a change in the
<br /> Work shall be determined by mutual agreement.
<br /> ARTICLE 11
<br /> SUBCONTRACTS ARTICLE 14
<br /> 11.1 A Subcontractor is a person or entity who has a direct TIME
<br /> contract with the Contractor to perform a portion of the Work 14.1 Time limits stated in the Contract Documents are of the
<br /> at the site. essence of the Contract.By executing the Agreement the Con-
<br /> 11.2 Unless otherwise stated in the Contract Documents or the tractor confirms that the Contract Time is a reasonable period
<br /> bidding requirements, the Contractor, as soon as practicable for performing the Work.
<br /> after award of the Contract, shall furnish in writing to the 14.2 The date of Substantial Completion is the date certified
<br /> Owner through the Architect the names of the Subcontractors by the Architect in accordance with Paragraph 15.3.
<br /> for each of the principal portions of the Work.The Contractor
<br /> shall not contract with any Subcontractor to whom the Owner 14.3 If the Contractor is delayed at any time in progress of the
<br /> or Architect has made reasonable and timely objection.. The Work by changes ordered in the Work,by labor disputes,fire,
<br /> Contractor shall not be required to contract with anyone to unusual delay in deliveries, abnormal adverse weather condi-
<br /> whom the Contractor has made reasonable objection. Con- tions not reasonably anEicipatable, unavoidable casualties or
<br /> tracts between the Contractor and Subcontractors shall (1) any causes beyond the Contractor's control,or by other causes
<br /> require each Subcontractor, to the extent of the Work to be which the Architect determines may justify delay, then the
<br /> performed by the Subcontractor, to be bound to the Contrac- Contract Time shall be extended by Change Order for such rea
<br /> for by the terms of the Contract Documents, and to assume sonable time as the Architect may determine.
<br /> toward the Contractor all the obligations and responsibilities
<br /> which the Contractor, by the Contract Documents, assumes ARTICLE 15
<br /> toward the Owner and Architect,and(2)allow to the Subcon-
<br /> tractor the benefit of all rights,remedies and redress afforded to
<br /> the Contractor by these Contract Documents.
<br /> 15.1 Payments shall be made as provided in Articles 4 and 5 of
<br /> ARTICLE 12 this Agreement.
<br /> CONSTRUCTION BY OWNER OR 15.2 Payments may be withheld on account of(1) defective
<br /> BY SEPARATE CONTRACTORS Work not remedied,(2)claims filed by third parties,(3)failure
<br /> of the Contractor to make payments properly to Subcontrac-
<br /> 12.1 The Owner reserves the right to perform construction or tors or for labor, materials or equipment, (4) reasonable evi-
<br /> operations related to the Project with the Owner's own forces, dente that the Work cannot be completed for the unpaid bal-
<br /> and to award separate contracts in connection with other por- ance of the Contract Sum,(5)damage to the Owner or another
<br /> Lions of the Project or other construction or operations on.the contractor, (6) reasonable evidence that the Work will not be
<br /> site under conditions of the contract identical or substantially completed within the Contract Time and that the unpaid am-
<br /> similar to these, including those portions related to insurance ance would not be adequate to cover actual or liquidated dam-
<br /> and waiver of subrogation. If the Contractor claims that delay ages for the anticipated delay, or the persistent failure a carry
<br /> or additional cost is involved because of such action by the out the Work in accordance with the Contract Documents.
<br /> Owner,the Contractor shall make such claim as provided else- 15.3 When the Architect agrees that the Work is substantially
<br /> where in the Contract Documents, complete, the Architect will issue a Certificate of Substantial
<br /> 12.2 The Contractor shall afford the Owner and separate con- Completion,
<br /> tractors reasonable opportunity for the introduction and stor- 15.4 Final payment shall not become due until the Contractor
<br /> age of their.materials and equipment and performance of their has delivered to the Owner a complete release of all liens arising
<br /> activities, and shall connect and coordinate the Contractor's. out of this Contract or receipts in full covering all labor,mate-
<br /> construction and operations with theirs as required by the.Con- rials and equipment for which a lien could be filed,or a bond
<br /> tract Documents. •. . satisfactory to the Owner to indemnify the Owner against such
<br /> AIADOCUMENTA187•ABBREVIATED OWNER•CONTRACTORAGREEMENT•NINTH EDITION•AIAS •®1987
<br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W., WASHINGTON, D.C. 20006 A107-1987 8
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