Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
with the requirements of the Contract Documents , the Design/Builder shall correct it <br /> promptly after receipt of a written notice from the Owner to do so unless the Owner has <br /> previously given the Design/ Builder a written acceptance of such condition . <br /> § 9 .3 Nothing contained in this Article 9 shall be construed to establish a period of <br /> limitation with respect to other obligations which the Design/Builder might have under <br /> the Contract Documents . Establishment of the time period of one ( 1 ) year as described <br /> in Section 9 . 2 relates only to the specific obligation of the Design/Builder to correct the <br /> Work, and has no relationship to the time within which the obligation to comply with the <br /> Contract Documents may be sought to be enforced , nor to the time within which <br /> proceedings may be commenced to establish the Design/Builder's liability with respect <br /> to the Design/Builder's obligations other than specifically to correct the Work . <br /> § 9 .4 If the Design/Builder fails to correct nonconforming Work as required or fails to <br /> carry out Work in accordance with the Contract Documents , the Owner, by written order <br /> signed personally or by an agent specifically so empowered by the Owner in writing , <br /> may order the Design/Builder to stop the Work , or any portion thereof, until the cause <br /> for such order has been eliminated ; however, the Owner's right to stop the Work shall <br /> not give rise to a duty on the part of the Owner to exercise the right for benefit of the <br /> Design/Builder or other persons or entities . <br /> § 9 . 5 If the Design/Builder defaults or neglects to carry out the Work in accordance with <br /> the Contract Documents and fails within seven (7) days after receipt of written notice <br /> from the Owner to commence and continue correction of such default or neglect with <br /> diligence and promptness , the Owner may give a second written notice to the <br /> Design/Builder and , seven (7) days following receipt by the Design/Builder of that <br /> second written notice and without prejudice to other remedies the Owner may have , <br /> correct such deficiencies . In such case an appropriate Change Order shall be issued <br /> deducting from payments then or thereafter due the Design/ Builder, the costs of <br /> correcting such deficiencies . If the payments then or thereafter due the Design/Builder <br /> are not sufficient to cover the amount of the deduction , the Design/Builder shall pay the <br /> difference to the Owner. Such action by the Owner shall be subject to dispute <br /> resolution procedures as provided in Article 10 . <br /> ARTICLE 10 DISPUTE RESOLUTION <br /> § 10 . 1 Claims , disputes or other matters in question between the parties to this PaFt <br /> Agreement arising out of or relating to this PaFt 2 Agreement or breach thereof shall be <br /> subject to the following procedure : <br /> the dispute shall first be addressed by a meeting between the owner, <br /> Design/Builder, Architect and Owner's Representative . <br /> If the dispute is not remedied , the parties shall submit the dispute to the County <br /> Administrator or his assign , who shall make the final decision on the matter. <br /> The resolution of the dispute shall be reduced to writing and attached to this <br /> agreement. <br /> § 1 Gm2 In addition to and PFOOF to aFbitFati9R , the paFties shall endeaver ta. settle disputes <br /> by mediateeR . Demand fQF Fnediatien shall be filed OR Wr#6 ng with the etheF paFty te this <br /> 16 <br />