2008-417A - Laserfiche WebLink

Home Browse Search

1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR ' s Documents prior to the effective date of stopping the Work as permitted by this paragraph . termination , including fair and reasonable sums for overhead and profit on such Work ; ARTICLE 16 - DISPUTE RESOLUTION 2 . for expenses sustained prior to the effective date of termination in performing - services and furnishing labor , materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A . Dispute resolution methods and procedures , if Work , plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs ) in - curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and ARTICLE 17 - MISCELLANEOUS 4 . for reasonable expenses directly attributable to termination . 17 . 01 Giving Notice B . CONTRACTOR shall not be paid on account A . Whenever any provision of the Contract of loss of anticipated profits or revenue or other eco - Documents requires the giving of written notice , it will nomic loss arising out of or resulting from such be deemed to have been validly given if delivered in termination . person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , 15 . 04 CONTRACTOR May Stop Work or or if delivered at or sent by registered or certified mail , Terminate postage prepaid , to the last business address known A . If, through no act or fault of CONTRACTOR, to the giver of the notice . the Work is suspended for more than 90 consecutive 17 . 02 Computation of Times days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any A . When any period of time is referred to in the Application for Payment within 30 days after it is Contract Documents by days , it will be computed to submitted , or OWNER fails for 30 days to pay CON - exclude the first and include the last day of such TRACTOR any sum finally determined to be due , then period . If the last day of any such period falls on a CONTRACTOR may, upon seven days written notice Saturday or Sunday or on a day made a legal holiday to OWNER and ENGINEER , and provided OWNER by the law of the applicable jurisdiction , such day will or ENGINEER do not remedy such suspension or be omitted from the computation . failure within that time , terminate the Contract and recover from OWNER payment on the same terms as 17 . 03 Cumulative Remedies provided in paragraph 15 . 03 . In lieu of terminating the Contract and without prejudice to any other right or A . The duties grid obligations imposed by these remedy , if ENGINEER has failed to act on an General Conditions and the rights and remedies avail - Application for Payment within 30 days after it is able hereunder to the parties hereto are in addition to , submitted , or OWNER has failed for 30 days to pay and are not to be construed in any way as a limitation CONTRACTOR any sum finally determined to be due , of, any rights and remedies available to any or all of CONTRACTOR may, seven days after written notice them which are otherwise imposed or available by to OWNER and ENGINEER , stop the Work until Laws or Regulations , by special warranty or payment is made of all such amounts due guarantee , or by other provisions of the Contract CONTRACTOR , including interest thereon . The Documents , and the provisions of this paragraph will provisions of this paragraph 15 . 04 are not intended to be as effective as if repeated specifically in the preclude CONTRACTOR from making a Claim under Contract Documents in connection with each paragraph 10 . 05 for an adjustment in Contract Price 00700 - General Conditions REV 04-07 .doc 00700 - 44 FAEngineering\Special Projects\Eagle Trace Phase 21%Contract Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc