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Subcontractor and Contractor will each be paid a C. If Contractor is delayed in the performance or progress
<br /> fee of five percent of the amount paid to the next of the Work by fire, flood, epidemic , abnormal weather
<br /> lower tier Subcontractor; conditions, acts of God, acts or failures to act of utility
<br /> owners not under the control of Owner, or other causes
<br /> d. no fee shall be payable on the basis of costs not the fault of and beyond control of Owner and
<br /> itemized under Paragraphs I LOLAA, 11 .01 . A . 5, Contractor, then Contractor shall be entitled to an
<br /> and 11 .01 . 0; equitable adjustment in Contract Times, if such
<br /> adjustment is essential to Contractor's ability to complete
<br /> e. the amount of credit to be allowed by the Work within the Contract Times. Such an adjustment
<br /> Contractor to Owner for any change which shall be Contractor's sole and exclusive remedy for the
<br /> results in a net decrease in cost will be the delays described in this Paragraph I2.03 .C .
<br /> amount of the actual net decrease in cost plus a
<br /> deduction in Contractor's fee by an amount equal D. Owner, Engineer and the Related Entities of each of
<br /> to five percent of such net decrease; and them shall not be liable to Contractor for any claims,
<br /> costs, losses, or damages (including but not limited to all
<br /> f. when both additions and credits are involved fees and charges of Engineers, architects, attorneys, and
<br /> in any one change, the adjustment in other professionals and all court or arbitration or other
<br /> Contractor's fee shall be computed on the basis dispute resolution costs) sustained by Contractor on or in
<br /> of the net change in accordance with Paragraphs connection with any other project or anticipated project.
<br /> 12.01 .C.2.a through 12.01 .C.2.e, inclusive.
<br /> E. Contractor shall not be entitled to an adjustment in
<br /> 12.02 Change of Contract Times Contract Price or Contract Times for delays within the
<br /> control of Contractor. Delays attributable to and within
<br /> A. The Contract Times may only be changed by a Change the control of a Subcontractor or Supplier shall be deemed
<br /> Order. Any Claim for an adjustment in the Contract to be delays within the control of Contractor.
<br /> Times shall be based on written notice submitted by the
<br /> party making the Claim to the Engineer and the other
<br /> party to the Contract in accordance with the provisions of ARTICLE 13 - TESTS AND INSPECTIONS;
<br /> Paragraph 10.05. CORRECTION , REMOVAL OR ACCEPTANCE OF
<br /> DEFECTIVE WORK
<br /> B. Any adjustment of the Contract Times covered by a
<br /> Change Order or any Claim for an adjustment in the
<br /> Contract Times will be determined in accordance with the 13.01 Notice of Defects
<br /> provisions of this Article 12.
<br /> A. Prompt notice of all defective Work of which Owner
<br /> 12.03 Delays or Engineer has actual knowledge will be given to
<br /> Contractor. All defective Work may be rejected,
<br /> A. Where Contractor is prevented from completing any corrected, or accepted as provided in this Article 13 .
<br /> part of the Work within the Contract Times due to delay
<br /> beyond the control of Contractor, the Contract Times will 13.02 Access to Work
<br /> be extended in an amount equal to the time lost due to
<br /> such delay if a Claim is made therefor as provided in A. Owner, Engineer, their consultants and other
<br /> Paragraph 12.02.A. Delays beyond the control of representatives and personnel of Owner, independent
<br /> Contractor shall include, but not be limited to, acts or testing laboratories, and governmental agencies with
<br /> neglect by Owner, acts or neglect of utility owners or jurisdictional interests will have access to the Site and the
<br /> other contractors performing other work as contemplated Work at reasonable times for their observation,
<br /> by Article 7, fires, floods, epidemics, abnormal weather inspecting, and testing. Contractor shall provide them
<br /> conditions, or acts of God. proper and safe conditions for such access and advise
<br /> them of Contractor's Site safety procedures and programs
<br /> B. If Owner, Engineer, or other contractors or utility so that they may comply therewith as applicable.
<br /> owners performing other work for Owner as contemplated
<br /> by Article 7, or anyone for whom Owner is responsible, 13.03 Tests and Inspections
<br /> delays, disrupts, or interferes with the performance or
<br /> progress of the Work, then Contractor shall be entitled to A. Contractor shall give Engineer timely notice of
<br /> an equitable adjustment in the Contract Price or the readiness of the Work for all required inspections, tests,
<br /> Contract Times , or both. Contractor's entitlement to an or approvals and shall cooperate with inspection and
<br /> adjustment of the Contract Times is conditioned on such testing personnel to facilitate required inspections or tests.
<br /> adjustment being essential to Contractor's ability to
<br /> complete the Work within the Contract Times. B . Owner shall employ and pay for the services of an
<br /> independent testing laboratory to perform all inspections,
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 33
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