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Subeonfireotor-and-Eor�taator-gill-aa6h-be mpaid C-Gf-Contractor-is-delayed-in-t•Iie pe;� m <br /> foian�� or-progr <br /> fee of five percent of the amount paid to the rter <br /> e'xt of the Work by fire, flood , epidemic , abnormal weat� <br /> lower tier Subcontractor; / conditions, acts of God , acts or failures to act of tr 1•rty <br /> owners not under the control of Owner, or other causes <br /> d . no fee shall be payable on the ba • s of costs not the fault of and beyond control of Own and <br /> itemized under Paragraphs 1 1 . 01 . 1 1 . 01 . A . 5 , Contractor, then Contractor shall be entii led to an <br /> and 11 . 01 . 13 ; equitable adjustment in Contract Til;les , if such <br /> adjustment is essential to Contra c,Idr ' s ability to complete <br /> e . the amount of credit to be allowed by the Work within the Contract Trfnes . Such an adjustment <br /> Contractor to Owner _ _ <br /> r any change which shall be Contractor ' s sole d exclusive remedy for the <br /> results in a net decrease in cost will be the delays described in this ragraph 12 . 03 . C . <br /> /aone <br /> the actu 1 net decrease in cost plus a <br /> in Con actor ' s fee by an amount equal D . Owner, Engineer and the Related Entities of each of <br /> cent such net decrease ; and them shall not d'liable to Contractor for any claims, <br /> costs , losses) r damages (including but not limited to all <br /> th additions and credits are involved fees and charges of Engineers, architects, attorneys, and <br /> one change , the adjustment in other p�fessionals and all court or arbitration or other <br /> ' s fee shall be computed on the basis di piste resolution costs) sustained by Contractor on or in <br /> change in accordance with Paragraphsa-Ehrough -2Lo-1-C-2 @;inalusiv&. <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 /> B . Any adjustment of the Contract Times covered by a DEFECTIVE WORK <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 /> 12 . 03 Delays A . Prompt notice of all defective Work of which Owner <br /> or Engineer has actual knowledge will be given to <br /> A . <br /> Contractor. All defective Work may be rejected , <br /> W13e1Or � ✓ corrected , or accepted as provided in this Article 13 . <br /> part of the Work within the Contract Times due toy <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 theco trol of representatives and personnel of Owner, independent <br /> Contractor shall include , but not be liOted 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 othef/work as contemplated Work at reasonable times for their observation , <br /> by Article 7 , fires , floods, epi 4e/mics, 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 r other contractors or utility so that they may comply therewith as applicable . <br /> owners performing,raffier work for Owner as contemplated <br /> by Article 7 , ora one for whom Owner is responsible, 13 . 03 Tests and Inspections <br /> delays, disrups/ •or interferes with the performance or <br /> progress of�•lie Work, then Contractor shall be entitled to A . Contractor shall give Engineer timely notice of <br /> an equita . •le adjustment in the Contract Price or the readiness of the Work for all required inspections, tests , <br /> Contra - t 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 <br /> testing personnel to facilitate required inspections or tests . <br /> adjustment being essential to Contractor' s ability to <br /> �cornplete-the-Wor•I�within-the Gontraet-Tim00. 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 <br />