Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 43 <br /> be bound by all the terms of the Contract Documents including these Supplementary <br /> Conditions. <br /> 24.3 Payments to Subcontractors shall be made in accordance with the provisions of N.C. Gen. <br /> Stat. §143-134.1. <br /> ARTICLE 25. USE OF PREMISES <br /> 25.1 The Design-Builder shall confine apparatus, the storage of materials, the operations of <br /> workers, and the disposal of material to limits indicated by law, ordinances, permits, and <br /> directions of the Owner's Authorized Representative, if any. <br /> 25.2 The Design-Builder shall not load or permit any part of the Work to be loaded with a weight <br /> that will endanger its safety, intended performance, or configuration. <br /> 25.3 The Design-Builder shall enforce all of the Owner's Authorized Representative's <br /> instructions, including, but not limited to, those regarding signs, advertisements, fires, and <br /> smoking. <br /> ARTICLE 26. CUTTING, PATCHING AND FITTING <br /> 26.1 The Design-Builder shall do all cutting, fitting, and/or patching of the Work that may be <br /> required to make its several parts come together properly and fit it to receive or to be received <br /> by Work shown in or which can be reasonably implied from the Contract Documents. <br /> ARTICLE 27. DISPUTE RESOLUTION <br /> 27.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br /> the Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect <br /> to any provision of, or the performance or nonperformance of, the Agreement shall be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is <br /> agreed by the parties that no other court shall have jurisdiction or venue with respect to such <br /> suits or actions. Prior to initiating an action under this Article, any Party to the Agreement shall <br /> notify the other Party of its intent to initiate a mediation process. <br /> 27.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to <br /> provide material, supplies, equipment, work, performance, or payment bonds, insurance or <br /> indemnification for the construction of the Project or the Work shall be deemed a party to the <br /> Agreement solely for the purpose of this Article 27. The Design-Builder, by means of its <br /> subcontracts, shall specifically require its Subcontractors to be bound by this Article and this <br /> Article shall specifically be incorporated into Design-Builder's subcontracts or contracts for the <br /> purchase/supply of materials used in the completion of the Work. <br /> 27.3 Any and all disputes arising from the Project and/or the Contract Documents shall be <br /> governed and shall proceed according to the "Dispute Resolution Rules and Procedures for <br /> Orange County Design, Building Construction, Renovation, and Repair Projects." The policy is <br /> incorporated herein by reference and may be viewed at <br /> http://www.oranaecountync.gov/departments/purchasing division/contracts.ph p). <br /> Revised 2/17 <br />