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testing any Work is found to be defective or does not meet the requirements of the Contract <br />Documents, the costs of retesting such Work and the costs of inspection services shall be <br />paid by the Contractor. Samples shall be taken by a testing laboratory employed by the <br />Owner. All materials being used are subject to inspection, tests, or rejection at any time <br />prior to or during incorporation into the Work. Copies of all Owner test reports will be <br />furnished to the Contractor at its written request. Copies of Contractor test reports shall be <br />furnished to the CM upon written request. <br />11.2 The CM shall have the right to deduct the costs of additional testing as described in <br />paragraph 11.1 from any money due or to become due the Contractor; or if no money is <br />due the Contractor, the CM shall have the right to recover these costs from the Contractor, <br />from its sureties, or from both. <br />11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly <br />licensed in the State of North Carolina. <br />ARTICLE 12. SEPARATE CONTRACTS <br />12.1 It is expressly understood that the CM and the Owner may deploy their own employees or <br />engage other separate contractors to perform Work as a part of the Project whose work will <br />be performed simultaneously and sequentially with the performance of the Work by the <br />Contractor. It shall be necessary for the Contractor to coordinate construction activities with <br />such other contractors, particularly with respect to access to work areas, storage of <br />materials, and use of elevators and other common facilities. The Contractor shall diligently <br />and in good faith cooperate with the CM, the Owner, the Designer, and all other contractors <br />with respect to such matters and shall regularly and faithfully attend any and all meetings <br />called by the CM with respect to such matters. Any disputes between the Contractor and <br />any other separate prime contractor with respect to such matters shall be resolved in <br />accordance with the claim and dispute resolution procedures in the Agreement. <br />ARTICLE 13. CONTRACT TIME <br />13.1 Within fourteen (14) days after initial receipt of the Construction Agreement by the <br />Contractor for signatures, the Contractor shall prepare and submit to the CM for review and <br />approval a preliminary Contractor's Construction Schedule for the Work pursuant to the <br />requirements stated in the Contract Documents. <br />13.2 Within fourteen (14) days after initial receipt of the Construction Agreement by the <br />Contractor for signatures, the Contractor shall submit to the CM a Submittal Register listing <br />all Submittals the Contractor is required to make or proposes to make under the Contract <br />Documents, the dates on which the Contractor proposes to make such Submittals and the <br />dates by which the Contractor reasonably requires a response from the CM and the <br />Designer with respect to each Submittal. The dates submitted shall be incorporated into the <br />Contractor's Construction Schedule as Completion Dates when they have been approved <br />or modified by the Owner. The CM and the Designer shall not be required to review any <br />Submittal from the Contractor until a Submittal Register acceptable to and approved by the <br />CM has been submitted by the Contractor. <br />13.3 Not later than thirty (30) days following execution and delivery of the Construction <br />Agreement by the CM to the Contractor, the CM shall deliver to the Contractor a Notice to <br />Proceed. The Notice to Proceed shall state a commencement date on which it is expected <br />that the Contractor will begin the Work to be performed under the Agreement. The Contract <br />Time shall be measured from said specified commencement date. The commencement <br />date stated in the Notice to Proceed shall not be earlier than three (3} days after the Notice <br />to Proceed is served on the Contractor. <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 26 of 43 JUNE 2007 EDITION <br />