Agenda - 04-03-1989 - Laserfiche WebLink

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• ---''elation of the Contract or by terms of an applicable special war- ranty required by the Contract Documents.The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE to Work done by direct employees of the Contractor. 11.2 Nothing contained in this Article 18 shall be construed to • establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- W,1 if the Architect Fans to recommend i payment for a period merits. Establishment of the cline period of one year as of 30 days through no fault of the Contractor.or if the Owner described in Paragraph 18.1 relates only to the specific obliga• Fails to make payment thereon for a period of 30 days.the Con- non of the Contractor to correct the Work,and has no relation. octopi may.upon seven additional days'written notice to the ship to the time within which the obligation to comply with the Owner and the Architect. terminate the Contract and recover - Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed and for proven time within which proceedings may be commenced to estab- loss with respect to materials.equipment.tools.and construc- lish the Contractor's liability with respect to the Contractor's rion equipment and machinery.including rea5cxtable overhewi, obligations other than specifically to correct the Work. profit and damages applicable to the Protect. ARTICLE 10 • MISCELLAMOUS PROVISIONS 26.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract. the 19.1 The Contract shall be governed by the law of the place Owner,after seven where the Project is located, days'written notice to the Contractor and without prrejuillce to any other remedy the Owner may have. 99.3 As between the Owner and the Contractor, any appli- �' make good such deficiencies and may deduct the cost cable statute of limitations shall commence men a to run and any thereof, including compensation for the Architect's services alleged cause of action shall be deemed to have accrued: and made neeesrary thereby,from the payment then .1 not taper than the date of Substantial Completion for or thereafter due the Conn actor.Alternatively.at the Owner's acts or failures to act occurring poor to the relevant, option.and a by the Architect that sufficient att date of Substantial Completion; cause eons' to Justify such action,the Owner may terminate the .T not Later than the due of issuance of the final Gerdfi- Contract and rake p of the site and of all materials, Payment for acts issuance failures the act ems,tOOle'and Ott and machinery Cate for occurring thereon owned by the contractor and may finish the Work subsequent to the relevant date of Substantial Con- whatever method die Owner t deem expedient, If the pletion and and prior to issuance of die final Certificate for • balance of the Sum exceeds costs of finishing .3 not later than the date of the relevant act or failure to and expenses necessary ,,s such excess services ale act by the Contractor for acts or failures to act occur- ntrac atxft etoess shall unpaid • ring after the date of the final Certificate for paid to the�• but if such costs exceed such unpaid Payment- balance,the Contractor shall pay the difference to the Owner. • • • • • AM DOWNER A107•ABEWEVIATEO OWNER-CONTRACTOR AGREEMENT*NINTH EDITI EDITION •C1507 THE AMERI CAN INSTITUTE Of ARCHITECTS, 1735 NEW TONIC AVENtrE.N*,WAS ,ON.D.C.200116 *107.1 10 •