2008-307D - 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 ; 2 . for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION 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 , Term 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 CONTRACTORto 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 and 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 - 44 00700 - General Conditions REV 04-07.doc FAEngineering\Special Projects\Eegle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00700 - General Conditions REV 04-07.doc