Orange County NC Website
Contractor further covenants and agrees that Owner retains the right to make such deduction <br /> or offset at any time prior to and including final payment and that the imposition and the <br /> deduction and/or offset of such monies shall not be subject to any notice or claim provisions <br /> of the Contract Documents. Contractor acknowledges that this obligation is separate and <br /> apart from the obligation to pay liquidated damages for delay,if any. <br /> E. Resubmittal Procedures: <br /> 1. Contractor shall make corrections required by Engineer and shall return the required <br /> number of corrected copies of Shop Drawings and submit, as required, new Samples for <br /> review and approval. Contractor shall direct specific attention in writing to revisions other <br /> than the corrections called for by Engineer on previous submittals. <br /> F. Professional Certification: <br /> 1. When professional certification of performance criteria of materials,systems,or equipment is <br /> required by the Contract Documents, Contractor shall provide the person or party providing <br /> the certification with full information on the relevant performance requirements and on the <br /> materials, systems, or equipment that are expected to operate at the Project site. The <br /> certification shall be based on performance under the operating conditions generally <br /> prevailing or expected at the Project site. Engineer shall be entitled to rely upon the accuracy <br /> and completeness of such certification. <br /> 6.18 Continuing the Work <br /> A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or <br /> disagreements with Owner. No Work shall be delayed or postponed pending resolution of any <br /> disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor <br /> may otherwise agree in writing. Contractor's refusal or failure to continue with the Work in a <br /> timely manner as a result of any dispute that arises will constitute a material breach of the <br /> Agreement. Owner shall be entitled to specific performance of provisions requiring delivery of <br /> warranties and other required documentation. <br /> 6.19 Contractor's General Warranty and Guarantee <br /> A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the <br /> Contract Documents and will not be defective. Engineer and its officers, directors, members, <br /> partners, employees, agents, consultants, and subcontractors shall be entitled to rely on <br /> representation of Contractor's warranty and guarantee. Unless otherwise stipulated elsewhere <br /> within the Contract Documents, the Contractor's warranty period will begin at Owner's <br /> acceptance and remain in effect for a period of 12 months. If an equipment or material failure <br /> occurs during the Contractor's warranty period, the Contractor's warranty period shall be <br /> extended by a period of time, equal to the down time of the equipment,or time until the material <br /> failure was corrected to the Owner's satisfaction. <br /> B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright(D 2007 National Society of Professional Engineers for EJCDC. All tights reserved. <br /> Page 42 of 81 <br />