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2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M
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2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M
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5/29/2025 1:40:33 PM
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5/29/2025 1:39:22 PM
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Contract
Date
5/14/2025
Contract Starting Date
5/14/2025
Contract Ending Date
5/22/2025
Contract Document Type
Contract
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Page 15 of 53 <br />5-2-25 <br /> <br />12. CONSTRUCTION MANAGER AND SUBCONTRACTOR RELATIONSHIPS <br /> <br />12.1. The CMAR agrees that the requirements of these Contract Documents shall apply equally to each <br />Subcontractor as to the CMAR, and the CMAR agrees to take such action as may be necessary to <br />bind each Subcontractor to these requirements. The CMAR further agrees to conform to the Code <br />of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect <br />to CMAR-Subcontractor relationships, and that payments to Subcontractors shall be made in <br />accordance with the provisions of G.S. 143-134.1 providing for interest on final payments due to <br />prime Subcontractors and sub-subcontractors. <br /> <br />12.2. Within seven (7) days after the CMAR receives each periodic or final payment and its bank makes <br />the funds available after deposit, the CMAR shall pay each Subcontractor based on Work <br />completed or service provided under the Contract. Should any periodic or final payment to a <br />Subcontractor be delayed by more than seven days after receipt of periodic or final payment by the <br />CMAR, the CMAR shall pay the Subcontractor interest, beginning on the eighth day, at the rate of <br />one percent (1%) per month or fraction thereof on such unpaid balance as may be due, provided the <br />Subcontractor has conformed to the specified billing procedures and insurance requirements. <br /> <br />12.3. The retainage withheld from payments made by the CMAR to the Subcontractor shall not exceed <br />the retainage reflected in the CMAR payment applications and payments made by the Owner to the <br />CMAR. Any retainage on payments made by the CMAR to the Subcontractor that exceeds the <br />corresponding retainage on payments made by the Owner to the CMAR shall be subject to interest <br />to be paid by the CMAR to the Subcontractor at the rate of one percent (1%) per month or fraction <br />thereof. <br /> <br />12.4. Nothing in this section shall prevent the CMAR at the time of application and certification to the <br />Owner from withholding application and certification to the Owner for payment to a Subcontractor <br />for unsatisfactory job progress; defective construction not remedied; disputed Work; third-party <br />claims filed or reasonable evidence that claim will be filed; failure of Subcontractor to make timely <br />payments for labor, equipment and materials; damage to CMAR or another Subcontractor; <br />reasonable evidence that the contract cannot be completed for the unpaid balance of the contract <br />sum; or a reasonable amount for retainage not to exceed the initial percentage retained by Owner. <br /> <br />13. SEPARATE CONTRACTS <br />13.1. Without invalidating the relationships with the CMAR, the Owner reserves the right to let other <br />contracts in connection with the Project, the Work under which shall proceed simultaneously with <br />the execution of the CMAR’s Work. Separate contracts may include materials or equipment that <br />the Owner elects to provide itself. The Owner may also enter into separate contracts with testing <br />firms or other technical support firms to assist the Owner in connection with the Project. The <br />CMAR shall afford other separate Subcontractors reasonable opportunity for the execution of their <br />Work and for the introduction and storage of their materials, and the CMAR shall take all <br />reasonable action to coordinate its Work with theirs. If the Work performed by the separate <br />Subcontractor is defective or so performed as to prevent the CMAR from carrying out its Work <br />according to the plans and specifications, the CMAR shall immediately notify the Project Designer <br />and the Owner upon discovering such conditions. <br />14. WARRANTY AND GUARANTEE <br /> <br />14.1. The CMAR unconditionally warrants and guarantees all materials and workmanship against patent <br />defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) <br />months following the date of the earlier of substantial completion of the Work or beneficial <br />occupancy and shall replace such defective materials or workmanship without cost to the Owner. <br /> <br />14.2. In addition to the foregoing general warranty, the Owner may require extended warranties for <br />specified building components, including without limitation mechanical and electrical equipment, <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78
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