the arbitrator or arbitrators shall be final,and pudgr*=may be 113 Costs caused by delays, impm*eriy toned activities or
<br /> entered upon h in accordance with applicable law in airy court defective coram tioa shall be borne by the pasty responsible
<br /> hxv tg jarladkdon tb rea 15ttgt by written consent of the therefor.
<br /> per,on or entity sooglu to be pined,no arbarsdonn arising out ARTICLE 13
<br /> of or relating to the Contract Documents stall include,by com
<br /> solidation,iolrndti or in arty other rnarnrer,any person or entity CHANOtTS IN THE WORK
<br /> not A party to the Agpeemou under which such arbitration
<br /> arises,runless it is shown at the time the detrtand for art>;aafioa 13.1 The Ow=,widtotu invalidating the Contract,nmy order
<br /> is tiled that(1)suds person or entity is substantiatty involved in in the Wort coasisting of additions,ddaions or modi-
<br /> a eommorn qucsWn of fact or law,(2)the presence of such pct- firadotr,tat Contact Swn and Contract Time being adjaisocd
<br /> son or entity is required U c+atttpkw rchd is to be accorded to aoaotdingty.Such d=MW her roe Work sb d be anthor#ttd by
<br /> the irbitruion,(3)the interest or msponsibd'ity of such person written Otange-Order agnrd by the Owner,Coneraebor and
<br /> or entity in the matter is not insubstantial,and(4)such person Architect,or by written Gonpruction Change Directive signed
<br /> or endry is not the Amid= or any of the Architect's by the Owner and Architeet.
<br /> employees or eornsukarim The agceeanent herein among ft 13.2 The Contract Sum and Contract Time shall be changed
<br /> Par=to the Agrerrrte:zt and any other wntwen agreement to only by Chance Ord".
<br /> arbitrate referred to herein shall be spedficalty, enforceable
<br /> under applicable law in any court having Jurisdiction thereof_ 13.3 The cost or credit to the Owner from a ch in the
<br /> Warp shat be detennined by mutual Agremmt.
<br /> AR MZ 11
<br /> AM=
<br /> TIM
<br /> 11.1 A Subcontractor is a person or entity who tas a direct
<br /> contract with the Contractor to pedonm a portion of the Work 14.1 Time liaslta stated in the Con macs Docis inents are of the
<br /> at the site. essence of the Contract.By scenting the Aaxcment the Car
<br /> 11.2 Unless oth erwise stated to the Contract Documents or the tractor cmnfiens that the Contract Time n a reasonable period
<br /> bidding requimments, the Contracoori as soon so praotieabic for perforating the Work.
<br /> AM award of the Conntract, shall flan b i1, writing to the 14.2 The doe of Svbalantis'l Completion is the dare certiW
<br /> Owner throuo the Architect the names of the Subconrmcmns by the Architect in accordance with PwWapeh 15.3.
<br /> for each of the ptindpal portions of the Work.The Contactor
<br /> shaft tie contract with any SubcontractoNto whtrtrt the Owner 14.3 if the Cdauxitir h deirped at any me in ptogeM of the
<br /> or Archuect.hats road a reasonable arid timely objection. The Wodc by chi ordered in the Work,by labor&Wi es,fare,
<br /> Cormw or stun not be requited to contract with anyone to the delay in masks,abootind adverse wr deer condw-
<br /> whom the Contractor has retade reasonable objection, Con- trans act reaso%-14 ant"mabk, unavoidable dries or
<br /> tracts between the Contractor and Suboonaaccos shawl (1) OW eauaus beyond the ContsacsDes control,or by other emmes
<br /> mquite each Subcontractor, to the att- t of the We&to be whm:h the AtchnM detaiebnes may JW* delay, then the
<br /> perf coned by the Suboonwoor,to be bound to the Canaraae- Conuact Time thrall be eaended by Ctnangft Ord"fur such rea-
<br /> rm by The tams of the Cohum Documents,sad to assume sonable bete as dx Architect may deteanine.
<br /> toward the Contractor 29 the obUgattm and rtapons4dVtk!s
<br /> which the Contractor, by the Contract Docvtencs, assume, ARTME 18
<br /> toward toe Owner and Architen.and(2)dbw to the Subcon-
<br /> toctor the benefit of an rights,remedies and rearm:AMMded to PAYt)ENM AM CCU PLETM
<br /> ebe Controat by same contract Documents-
<br /> 15.1 i?atymrswi shalt be>mde as provided in Attires 4 sand 5 of
<br /> AiTTME 12 the
<br /> OOM RUCTWN NY CWNt31 OA 159 Payments may be tvMAM on acwtnW of(t)&factive
<br /> BY KARATE r 0 URACTOM Vo¬ reteee 1 (2)claims Died by third Parties,(3)faihne
<br /> Of the Contractor to mtice payments properly m 9ubatxttnc-
<br /> 12.1 The Owner reserves dre right so pa£o eonWuction or tats or fro tabor.matedafs or aWiptnem,(4)reasonable ev&
<br /> operation orated to ttre Pm)=with the owner'a owes forges, dtenee tSt colt Wont annot be completed for the unpaid bal.
<br /> and to award sepseseF contzacm in oornaeunn with odw pop ante of the Contract sum,(5� to the Owner ns another
<br /> bons of the Project or odmw eoaatnxdon or opendons on.the fir.(6)reasonable evidence that the Worts wW not be
<br /> sine render Z I fivioas of die aonttict idea or aubstatuialty cornpiesed within ft C4°um Time and that the unpaid bal-
<br /> sitir bf to these,Wdnding tboae portloahs rested to insurance ante would not bit adequsse to Cover setts[of b*Bdaaed dem-
<br /> and waWer of subsonedoo. 9 the Contractor darns that delay �tht:Work m delay.wrhr 7) Doerrtto my
<br /> or additional acs= ls.fnvahvd beanse of such action by the
<br /> Owner,the Core'1 F tibsfi make SLwh daft as provided cb& ILS Wf=the Awh tax agrees that the Wort;is
<br /> where in the Cowan Do"anpm, compleu, fife Arddtm will taste a CertiBeam of Sttbatautod
<br /> 12.2 The Contractor stilt aftd One Owner arld rep - con- 1on.
<br /> tranurs rr sombre oppomv*y for the introduction and tsar- 15.4 Fruit payment shalt not becoane due unta the Coetracrae
<br /> age of avert materials and equlprneat and performance of their has dckvuod to the Owners complete release of 2H liens arising
<br /> activitles, and rims commet and COorditu to the Contnsmoes out of this Corrnact or re=pb in fuu covarigt all labor,maac
<br /> aamtruCdon and opersAions with theirs as requuvd by the Coo- ears and egttVm=for which a Bah could W Ned,ova bond
<br /> tract Documctra. sads&croory to the Owner to Indemnify the Owner against such
<br /> AIAOOOt11NMAlOWASBYZMTEDOVTM CON7wACrOaAG YBerts+rt'•ti0tmzownc*(•uA• •01987
<br /> THIS AMSMICAtt DWrIarra Of AACitraCM 1735 NOW YORK AYF]IM PLwt, WARRNGT(W,10 C-sptpb A107--18117 8
<br /> tsAttnittta:UnYar.r•d pttalaeogbr�t#etaias tt�.oepypa+e tars saes ie r�aot a tryst peraeenlrar.
<br />
|