2007-012 - Laserfiche WebLink

Home Browse Search

When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR's services have been so Payment within 30 days after it is submitted, or ^`. 1AZP.'"T�D terminated by OWNER, the termination will not affect any failsfor '30 days to rc; CC9%!TRAC7-QR any sum fi""ny rights or remedies of OWNER against CONTRACTOR dots_ i ed to be dues then CONTRACTOR may, upon then existing or which may thereafter accrue. Any retention seven days written notice to OWNER and ENGINEER, and or payment of moneys due CONTRACTOR by OWNER provided OWNER or ENGINEER do not remedy such Will not release CONTRACTOR from liability. suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same A new Paragraph 15.02M has been added. See the terms as provided in paragraph 15 .03 . In lieu of terminating Supplementary Conditions. the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application 15 .03 OWNER May Terminate For Convenience for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay COhqRAC40R an A. Upon seven days written notice to CON- sum finally deteiinined to be du., CONTRACTOR may, - TRACTOR and ENGINEER, OWNER may, without cause seven days after written notice to OWNER and and without prejudice to any other right or remedy of ENGINEER, stop the Work until payment is made of all OWNER, elect to terminate the Contract. In such case, such amounts due CONTRACTOR, including interest CONTRACTOR shall be paid (without duplication of any thereon. The provisions of this paragraph 15.04 are not items): intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price I . for completed and acceptable Work or Contract Times or otherwise for expenses or damage executed in accordance with the Contract Docu- directly attributable to CONTRACTOR's stopping the ments prior to the effective date of termination, Work as permitted by this paragraph. 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 equipment as re- 16.01 Methods and Procedures quired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable Paragraph 16.01.A has been deleted and replaced with a sums for overhead and profit on such expenses; new paragraph. See the Supplementary Conditions. A. Dispute resolution methods an4procedtifes, if any, Paragraph 15.03.A3 has been deleted in its entirety. shall be as set feF '' in the Supplementary Conditions. 1 3 . c all elainis, costs, fosse. and damage method and r_ .. _eoea _e has been set forth, and subje the (inoluding Wt not lirmted in P11 feeq and charges 9 provisions of paragraphs 9.09 and 10.05, OIAIbMR and engineers, arcluteets, atForneys, andotlrer ''... . - _ AOFO may a --- ^.... .:..lit.. ..- remedies as disputeprofessionals and all egi,1Ft � arbitration of othe eithef may othef3Acise have under th Cenfraipt Doeuments eF 1 cosd in settlement C , and-ethers',-and ARTICLE 17 - MISCELLANEOUS 4. for reasonable expenses directly attributable to termination. 17 .01 Giving Notice B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss A. Whenever any provision of the Contract arising out of or resulting from such termination. Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to 15 .04 CONTRACTOR May Stop Work or Terminate the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or Parts of Paragraph 15.04 have been deleted. - 00700 - 44