|
. ,
<br /> .. ,
<br /> ...
<br /> Co ° y
<br /> 12.3 Any costs caused by defective or ill-timed work 15.2 Payments may be withheld on account of (1) defec-
<br /> shall be borne by the party responsible therefor. tive work not remedied, (2) claims filed, (3) failure of the
<br /> ARTICLE 13 Contractor to make payments properly to Subcontractors
<br /> or for labor, materials, or equipment, (4) damage to the
<br /> MISCELLANEOUS PROVISIONS Owner or another contractor, or (5) persistent failure to
<br /> 13.1 The Contract shall be governed by the law of the carry out the Work in accordance with the Contract
<br /> place where the Project is located. Documents.
<br /> 13.2 All claims or disputes between the Contractor and 15.3 When the Architect agrees that the Work is sub-
<br /> the Owner arising out "of, or relating to, the Contract stantially complete, he will issue a Certificate of Substan-
<br /> Documents or the breach thereof shall be decided by tial Completion.
<br /> arbitration in accordance with the Construction Industry 15.4 Final payment shall not be due until the Contractor
<br /> Arbitration Rules of the American Arbitration Association has delivered to the Owner a complete release of all liens
<br /> then obtaining unless the parties mutually agree other- arising out of this Contract or receipts in full covering all
<br /> wise. Notice of the demand for arbitration shall be filed labor, materials and equipment for which a lien could be
<br /> in writing with the other party to the Owner-Contractor filed, or a bond satisfactory to the Owner indemnifying
<br /> Agreement and with the American Arbitration Association him against any lien. If any lien remains unsatisfied after
<br /> and shall be made within a reasonable time after the dis- all payments are made, the Contractor shall refund to the
<br /> pute has arisen. The award rendered by the arbitrators Owner all moneys the latter may be compelled to pay in
<br /> shall be final, and judgment may be entered upon it in discharging such lien, including all costs and reasonable
<br /> accordance with applicable law in any court having juris- attorneys' fees.
<br /> diction thereof. Except by written consent of the person 15.5 The making of final payments shall constitute a
<br /> or entity sought to be joined, no arbitration arising out waiver of all claims by the Owner except those arising
<br /> of or relating to the Contract Documents shall include, from (1) unsettled liens, (2) faulty or defective Work ap-
<br /> by consolidation, joinder or in any other manner, any peering after Substantial Completion, (3) failure of the
<br /> person or entity not a party to the agreement under which Work to comply with the requirements of the Contract
<br /> such arbitration arises, unless it is shown at the time the Documents, or (4) terms of any special warranties re-
<br /> demand for arbitration is filed that (1) such person or quired by the Contract Documents. The acceptance of
<br /> entity is substantially involved in a common question of final payment shall constitute a waiver of all claims by the
<br /> fact or law, (2) the presence of such person or entity is Contractor except those previously made in writing and
<br /> required if complete relief is to be accorded in the arbi- identified by the Contractor as unsettled at the time of the
<br /> -- tration, (3) the interest or responsibility of such person or final Application for Payment.
<br /> entity in the matter is not insubstantial, and (4) such per-
<br /> son or entity is not the Architect or any of his employees ARTICLE 16
<br /> or consultants. The agreement herein among the parties PROTECTION OF PERSONS AND PROPERTY
<br /> to the Agreement and any other written agreement to 16.1 The Contractor shall be responsible for initiating,
<br /> arbitrate referred to herein shall be specifically enforce- maintaining, and supervising all safety precautions and
<br /> able under the prevailing arbitration law. programs in connection with the Work. He shall take all
<br /> ARTICLE 14 reasonable precautions for the safety of, and shall provide
<br /> TIME all reasonable protection to prevent damage, injury or
<br /> 14.1 All time limits stated in the Contract Documents who tmay) be affemployees
<br /> cted therebye Work and Work and affected y, (2) all the Work and all
<br /> are of the essence of the Contract. The Contractor shall materials and equipment to be incorporated therein, and
<br /> expedite the Work and achieve Substantial Completion (3) other property at the site or adjacent thereto. He shall
<br /> within the Contract Time. give all notices and comply with all applicable laws, ordi-
<br /> 14.2 The Date of Substantial Completion of the Work is nances, rules, regulations and orders of any public author-
<br /> the date certified by the Architect when construction is ity bearing on the safety of persons and property and their
<br /> sufficiently complete so that the Owner can occupy or protection from damage, injury or loss. The Contractor
<br /> utilize the Work for the usle for which it is intended. shall promptly remedy all damage or loss to any property
<br /> 14.3 If the Contractor is delayed at any time in the caused in whole or in part by the Contractor, any Sub-
<br /> progress of the Work by iChanges ordered in the Work, contractor, any Sub-subcontractor, or anyone directly or
<br /> by labor disputes, fire, u usual delay in transportation, indirectly employed by any of them, or by anyone for
<br /> adverse weather conditions not reasonably anticipatable, whose acts any of them may be liable, except damage or
<br /> unavoidable casualties, or any causes beyond the Con- loss attributable to the acts or omissions of the Owner or
<br /> tractor's control, or by any other cause which the Archi- Architect or anyone directly or indirectly employed by
<br /> tect determines may justify the delay, then the Contract either of them or by anyone for whose acts either of them
<br /> Time shall be extended by Change Order for such reason- may be liable, and not attributable to the fault or negli-
<br /> gence of the Contractor. The foregoing obligations of the
<br /> able time as the Architect may determine.
<br /> Contractor are in addition to his obligations under Para-
<br /> ARTICLE 15 graph 10.11.
<br /> PAYMENTS AND COMPLETION ARTICLE 17
<br /> 15.1 Payments shall be made as provided in Article 4 and INSURANCE
<br /> Article 5 of this AgreementJi 17.1 Contractor's liability insurance shall be purchased
<br /> MA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA®
<br /> © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
<br /> A707-1978 6
<br />
|