2003-118 - Laserfiche WebLink

Home Browse Search

12 . 2 . 3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12 . 2 . 4 The Contractor shall bear the cost of correcting destroyed or damaged construction , whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents . 12 . 2 . 5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply THIS DOCUMENT HAS IMPORTANT LEGAL with the Contract Documents may be sought to be enforced, nor to the time within which CONSEOUENCES. CONSULTATION WITH AN proceedings may be commenced to establish the Contractor's liability with respect to the ATTORNEY IS ENCOURAGED WITH RESPECT Contractors obligations other than specifically to correct the Work. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 12 . 3 ACCEPTANCE OF NONCONFORMING WORK ELECTRONICALLY DRAFTED AIA 12 . 3 . 1 If the Owner prefers to accept Work which is not in accordance with the DOCUMENT MAYBE MADE BY USING A!A DOCUMENT D401. requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and This document has been approved and equitable . Such adjustment shall be effected whether or not final payment has been made . endorsed by The Associated General Contractors of America. ARTICLE 13 MISCELLANEOUS PROVISIONS 13 . 1 GOVERNING LAW; VENUE 13 . 1 . 1 The Gen4aet -&he11 -be Bevel ed * 4he 4w& -o€ 4he whefe -the Project -is - leeated.ThiS agreement shall be governed by the laws of the State of Florida Venue for any lawsuit brought by either party against the other party or otherwise arising ou of this agreement shall be in Indian River County. ., Florida or in the event of federal iuridiction , in the United States District Court for the southem District of Florida 13 . 2 SUCCESSORS AND ASSIGNS 13 . 2 . 1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13 . 2 . 2 The O heut eensent -o€ 4-he Gentmeter; -essit* 4he Gentmet 4-e -a* - imsti4utional lender- providing eenstfuetion finaneing for- the Project. ill �1 � L 41. � shall assume-the 's -righl:s -end obligations adder Oke zentfaci Deetiffl : 4-ke - 13 . 3 WRITTEN NOTICE 13 . 3 . 1 Written notice shall be deemed to have been duly served if delivered in person to the f it individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 911, 1915, 1 18, 19 5, 1 7, 1 51, 1958, CONTRACT FOR CONSTRUCTION 1 1, 1 3, 196 1 67, 1 1976, 1987, 19 7 y The American Institute of Architects . Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N .W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U .S . Washington, D .C . 20006-5292 copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted below. User Document: general conditions (standard) admin bldg 97 a201 .aia -- 5/5/2003. AIA License Number 1127252, which expires on 7/31/2003. 44