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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 1 1 . 0l . A . 4 , 11 . 0l . A . 5 , Contractor, then Contractor shall be entitled to an
<br /> and 11 . 01 . 13 ; 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 12 . 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved .
<br /> 00700 - 33
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