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2008-009 (2)
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2008-009 (2)
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Last modified
3/21/2016 10:10:41 AM
Creation date
9/30/2015 11:52:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/08/2008
Control Number
2008-009 (2)
Agenda Item Number
11.I.1
Entity Name
H & J Contracting
Subject
CR 512 Phase IV Improvements
Area
CR 512
Project Number
9611
Bid Number
2008012
Supplemental fields
SmeadsoftID
6829
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A. Upon seven days written notice to CON- CONTRACTOR any sum finally determined to be <br /> TRACTOR and ENGINEER, OWNER may, without due, CONTRACTOR may, seven days after written <br /> cause and without prejudice to any other right or notice to OWNER and ENGINEER, stop the Work <br /> remedy of OWNER, elect to terminate the Contract. until payment is made of all such amounts due <br /> • In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon . The <br /> duplication of any items): provisions of this paragraph 15.04 are not intended to <br /> preclude CONTRACTOR from making a Claim under <br /> 1 . for completed and acceptable Work paragraph 10. 05 for an adjustment in Contract Price <br /> executed in accordance with the Contract or Contract Times or otherwise for expenses or <br /> Documents prior to the effective date of damage directly attributable to CONTRACTOR's <br /> termination , including fair and reasonable sums stopping the Work as permitted by this paragraph . <br /> for overhead and profit on such Work; <br /> 2. for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION <br /> effective date of termination in performing <br /> services and furnishing labor, materials , or <br /> equipment as required by the Contract 16. 01 Methods and Procedures <br /> Documents in connection with uncompleted <br /> 41111111 Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures , <br /> overhead and profit on such expenses ; if any, shall be as set forth in the Supplementary <br /> Conditions. If no method and procedure has been set <br /> 4111110 3 . for all claims, costs, losses, and forth, and subject to the provisions of paragraphs 9.09 <br /> damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may <br /> and charges of engineers, architects, exercise such rights or remedies as either may <br /> attorneys, and other professionals and all court otherwise have under the Contract Documents or by <br /> '11111 or arbitration or other dispute resolution costs) Laws or Regulations in respect of any dispute . <br /> incurred in settlement of terminated contracts <br /> with Subcontractors , Suppliers, and others ; and <br /> ,. ARTICLE 17 - MISCELLANEOUS <br /> 4. for reasonable expenses directly <br /> attributable to termination . <br /> B. CONTRACTOR shall not be paid on account 17 .01 Giving Notice <br /> of loss of anticipated profits or revenue or other eco- <br /> nomic loss arising out of or resulting from such A. Whenever any provision of the Contract <br /> r termination. Documents requires the giving of written notice , it will <br /> be deemed to have been validly given if delivered in <br /> 15.04 CONTRACTOR May Stop Work or person to the individual or to a member of the firm or <br /> Terminate to an officer of the corporation for whom it is intended , <br /> • or if delivered at or sent by registered or certified mail , <br /> A. If, through no act or fault of CONTRACTOR, postage prepaid , to the last business address known <br /> the Work is suspended for more than 90 consecutive to the giver of the notice. <br /> days by OWNER or under an order of court or other <br /> public authority, or ENGINEER fails to act on any 17 . 02 Computation of Times <br /> Application for Payment within 30 days after it is <br /> submitted, or OWNER fails for 30 days to pay CON- A. When any period of time is referred to in the <br /> TRACTOR any sum finally determined to be due , then Contract Documents by days , it will be computed to <br /> CONTRACTOR may, upon seven days written notice exclude the first and include the last day of such <br /> to OWNER and ENGINEER, and provided OWNER period . If the last day of any such period falls on a <br /> so or ENGINEER do not remedy such suspension or Saturday or Sunday or on a day made a legal holiday <br /> failure within that time, terminate the Contract and by the law of the applicable jurisdiction, such day will <br /> recover from OWNER payment on the same terms as be omitted from the computation . <br /> provided in paragraph 15.03. In lieu of terminating the <br /> Contract and without prejudice to any other right or 17 .03 Cumulative Remedies <br /> remedy, if ENGINEER has failed to act on an <br /> Application for Payment within 30 days after it is A. The duties and obligations imposed by these <br /> submitted, or OWNER has failed for 30 days to pay General Conditions and the rights and remedies avail- <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 44 <br /> F1EnginearingVWiliamslMaster ont dWaster Contract Doameras100700 - General Condibans REV 04-07.doc <br /> M <br />
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