Orange County NC Website
Co. _ . <br /> • <br /> D <br /> ,._.._„, <br /> GENERAL CONDITIONS <br /> ARTICLE 7 tion of the Contractor's Applications for Payment, the <br /> CONTRACT DOCUMENTS Architect will determine the amounts owing to the Con- <br /> 7.7 The Contract Documents consist of this A regiment tractor and will issue Certificates for Payment in accord- <br /> g ance with Article 15. <br /> with General Conditions,Supplementary and other Condi- 8.5 The Architect will be the interpreter of the require- <br /> tions,the Drawings, the Specifications, all Addenda issuea <br /> prior to the execution of this Agreement, and all Modifi- f1ents of the Contract Documents. He will make decisions <br /> cations issued by the Architect after execution of the on all claims, disputes or other matters in question be- <br /> cations <br /> such as Change Orders, written interpretations tween the Contractor and the Owner, but he will not be <br /> and written orders for minor changes in the Work, The liable for the results of any interpretation or decision ren- <br /> intent it the Contract Documents is to include all items dered in good faith. The Architect's decisions in matters <br /> necessary for the proper execution and completion of the the relating artistic effect will be final if consistent with the <br /> Work:-The Contract Documents are complementary, and intent of the Contract Documents. All other decisions of <br /> what is required by any one shall be as binding as if re- the Architect, except those which have been waived by <br /> quired required ui. Work not covered in the Contract Dore- the making or acceptance of final payment, shall be sub- <br /> ments will not be required unless it is consistent therewith par to arbitration upon the written demand of either <br /> and reasonably inferable therefrom as being necessary to party. <br /> produce the intended results. 8.6 The Architect will have authority to reject Work <br /> 7.2 Nothing contained in the Contract Documents shall which does not conform to the Contract Documents. <br /> create any contractual relationship between the Owner or 8.7 The Architect will review and approve or take other <br /> the Architect and any Subcontractor or Sub-subcontractor. appropriate action upon the Contractor's submittals such <br /> 7.3 By executing the Contract, the Contractor represents as Shop Drawings, Product Data and Samples, but only for <br /> that he has visited the site and familiarized himself with conformance with the design concept of the Work and <br /> the local conditions under which the Work is to be with the information given in the Contract Documents. <br /> performed. <br /> 7.4 The Work comprises the completed construction re- ARTICLE 9 <br /> quired by the Contract Documents and includes all labor OWNER <br /> necessary to produce such construction, and all materials 9.7 The Owner shall furnish all surveys and a legal de- <br /> and equipment incorporated or to be incorporated in scription of the site. <br /> such construction. 9.2 Except as provided in Paragraph 10.5, the Owner <br /> shall secure and pay for necessary approvals, easements, <br /> ARTICLE 8 assessments and charges required for the construction, use <br /> ARCHITECT or occupancy of permanent structures or permanent <br /> changes in existing facilities. <br /> 8.1 The Architect will provide administration of the Con- 9.3 The Owner shall forward all instructions to the Con- <br /> tract and will be the Owner's representative during con- tractor through the Architect. <br /> struction and until final payment is due. 9.4 If the Contractor fails to correct defective Work or <br /> 8.2 The Architect shall at all times have access to the persistently fails to carry out the Work in accordance with <br /> Work wherever it is in preparation and progress. the Contract Documents, the Owner, by a written order, <br /> 8.3 The Architect will visit the site at intervals appropri- may order the Contractor to stop the Work, or an <br /> tion thereof, Y por- <br /> 8.3 <br /> tot the stage of construction to familiarize himself gen- , until the cause for such order has been <br /> erally with the progress and quality of the Work and to eliminated; however, this right of the Owner to stop the <br /> determine in general if the Work is proceeding in accord Work shall not give rise to any duty en the part of the <br /> Con- <br /> ance with the Contract Documents. However, the Archi- Owner to exercise this right for the benefit of the Con- <br /> tect will not be required to make exhaustive or continu- <br /> ous on-site inspections to check the quality or quantity of <br /> the Work. On the basis of his on-site observations as an ARTICLE 10 <br /> architect, he will keep the Owner informed of the prog- CONTRACTOR <br /> ress of the Work, and will endeavor to guard the Owner 10.1 The Contractor shall supervise and direct the Work, <br /> against defects and deficiencies in the Work of the Con- using his best skill and attention and he shall be solely <br /> tractor. The Architect will not have control or charge of responsible for all construction means, methods, tech- <br /> and will not be responsible for construction means, meth- niques, sequences and procedures and for coordinating <br /> ods, techniques, sequences or procedures, or for safety all portions of the Work under the Contract. <br /> precautions and programs in connection with the Work, 70.2 Unless otherwise specifically provided in the Con- <br /> and he will not be responsible for the Contractor's failure tract Documents, the Contractor shall provide and pay for <br /> to carry out the Work in accordance with the Contract all labor, materials, equipment, tools, construction equip- <br /> -- Documents. <br /> ment and machinery, water, heat, utilities, transportation, <br /> 8.4 Based on the Architect'Is observations and an evalua- and other facilities and services necessary for the proper <br /> MA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® <br /> © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 <br /> A107-1978 4 <br />