Orange County NC Website
Browse       Search
DocuSign Envelope ID: 72E7BD50- E5C5- 4BEA- B4AA- FCA907469BF8 <br />35 <br />15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and <br />designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, <br />however, any agreement reached between the Contractor and Designer shall be subject to <br />approval by the Owner. <br />ARTICLE 16. UNFORESEEN CONDITIONS <br />16.1 Should the Contractor encounter unforeseen conditions at the Project site materially <br />differing from those shown on the Drawings or indicated in the Specifications or differing <br />materially from those ordinarily encountered and generally recognized as inherent in work of the <br />character provided for in this Agreement, the Contractor shall immediately, and in no event <br />more than three days later, give notice to the Owner of such conditions before they are <br />disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and <br />if they find that they materially differ from those shown on the Drawings or indicated in the <br />Specifications, they shall at once make such changes in the Drawings and /or Specifications as <br />they may find necessary. Any increase or decrease in the Contract Price resulting from such <br />changes shall be adjusted in the manner provided herein for adjustments as to extra and /or <br />additional Work and changes. However, neither the Owner nor the Designer shall be liable or <br />responsible for additional work, costs, or changes to the Work that could have been reasonably <br />determined from any reports, surveys, and analyses made available for the Contractor's review <br />or that could have been discovered by the Contractor through the performance of its obligations <br />pursuant to the Contract Documents. <br />ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT <br />17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority <br />to order Work removed or to order corrections of defective Work or Work not in compliance with <br />the Contract Documents where such action may be necessary to ensure successful completion <br />of the Work. <br />Any work, materials, fabricated items, or other parts of the Work which have been found by the <br />Designer to be defective or not in accordance with the Contract Documents shall be condemned <br />and shall be removed from the Project by the Contractor, and immediately replaced by new <br />Work in accordance with the Contract Documents at no additional cost to the Owner. Work or <br />property of the Owner or others damaged or destroyed by virtue of such condemned Work shall <br />be made good at the expense of the Contractor. Correction of condemned Work described <br />above shall be commenced by the Contractor within twenty -four (24) hours after notice from the <br />Designer or the Owner and shall be pursued to completion. Should the Contractor fail to <br />proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after <br />the notice specified in the preceding sentence, proceed with correction, paying the cost, <br />including costs of uncovering such condemned Work, of such corrections from amounts due or <br />to become due to the Contractor. <br />Condemned Work removed shall be the property of the Contractor and shall be removed from <br />the Project by him within ten (10) days after notice to remove it, and if not then removed, <br />thereafter may be disposed of by the Owner without compensation to the Contractor and the <br />Revised 10/17 <br />