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2008-225C
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2008-225C
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Last modified
4/6/2016 2:21:33 PM
Creation date
10/1/2015 12:25:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
07/15/2008
Control Number
2008-225C
Agenda Item Number
8.H.
Entity Name
J.W. Cheatham,LLC
Subject
Powerline Road Improvements
Area
Powerline Road
Project Number
0217
Bid Number
2008029
Supplemental fields
SmeadsoftID
7489
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1 . for completed and acceptable Work or Contract Times or otherwise for expenses or <br /> executed in accordance with the Contract damage directly attributable to CONTRACTOR Is <br /> Documents prior to the effective date of stopping the Work as permitted by this paragraph . <br /> termination , including fair and reasonable sums <br /> for overhead and profit on such Work; <br /> ARTICLE 16 - DISPUTE RESOLUTION <br /> 2 . for expenses sustained prior to the <br /> effective date of termination in performing <br /> services and furnishing labor, materials, or 16 . 01 Methods and Procedures <br /> equipment as required by the Contract <br /> Documents in connection with uncompleted A. Dispute resolution methods and procedures, if <br /> Work, plus fair and reasonable sums for any, shall be as set forth in the Supplementary <br /> overhead and profit on such expenses; Conditions . If no method and procedure has been set <br /> forth , and subject to the provisions of paragraphs 9 . 09 <br /> 3 . for all claims, costs , losses, and and 10 . 05 , OWNER and CONTRACTOR may <br /> damages (including but not limited to all fees exercise such rights or remedies as either may <br /> and charges of engineers, architects, attorneys, otherwise have under the Contract Documents or by <br /> and other professionals and all court or Laws or Regulations in respect of any dispute , <br /> arbitration or other dispute resolution costs) in- <br /> curred in settlement of terminated contracts <br /> with Subcontractors , Suppliers , and others ; and ARTICLE 17 - MISCELLANEOUS <br /> 4 . for reasonable expenses directly <br /> attributable to termination . 17 . 01 Giving Notice <br /> B . CONTRACTOR shall not be paid on account A. Whenever any provision of the Contract <br /> of loss of anticipated profits or revenue or other eco- Documents requires the giving of written notice, it will <br /> nomic loss arising out of or resulting from such be deemed to have been validly given if delivered <br /> in <br /> termination . person to the individual or to a member of the firm or <br /> to an officer of the corporation for whom it is intended , <br /> 15 . 04 CONTRACTOR May Stop Work or or if delivered at or sent by registered or certified mail , <br /> Terminate postage prepaid , to the last business address known <br /> to the giver of the notice . <br /> A. If, through no act or fault of CONTRACTOR , <br /> the Work is suspended for more than 90 consecutive 17 . 02 Computation of Times <br /> days by OWNER or under an order of court or other <br /> public authority, or ENGINEER fails to act on any A. When any period of time is referred to in <br /> the <br /> Application for Payment within 30 days after it is Contract Documents by days, it will be computed <br /> to <br /> submitted , eF OWNER fails f9F 30 days to pay G exclude the first and include the last day of <br /> such <br /> TRACTOR any sum finally deet.efmoned to be due, then period . If the last day of any such period falls on a <br /> CONTRACTOR may, upon seven days written notice Saturday or Sunday or on a day made a legal holiday <br /> to OWNER and ENGINEER, and provided OWNER by the law of the applicable jurisdiction , such day will <br /> or ENGINEER do not remedy such suspension or be omitted from the computation . <br /> failure within that time , terminate the Contract and <br /> recover from OWNER payment on the same terms as 17 . 03 Cumulative Remedies <br /> provided in paragraph 15 . 03 . In lieu of terminating the <br /> Contract and without prejudice to any other right or A. The duties and obligations imposed by these <br /> remedy, if ENGINEER has failed to act on an General Conditions and the rights and remedies avail- <br /> Application for Payment within 30 days after it is able hereunder to the parties hereto are in addition <br /> to , <br /> submitted , 9r CDINNIER has failed f9F 30 days to pay and are not to be construed in any way as a limitation <br /> GONTRAGTOR any sum fii;ally deteFFAined to be due. , of, any rights and remedies available to any or all of <br /> CONTRACTOR may, seven days after written notice them which are otherwise imposed or available by <br /> to OWNER and ENGINEER, stop the Work until Laws or Regulations , by special warranty or <br /> payment is made of all such amounts due guarantee , or by other provisions of the Contract <br /> CONTRACTOR, including interest thereon . The Documents, and the provisions of this paragraph will <br /> provisions of this paragraph 15. 04 are not intended to be as effective as if repeated specifically in the <br /> preclude CONTRACTOR from making a Claim under Contract Documents in connection with each <br /> paragraph 10 . 05 for an adjustment in Contract Price <br /> 00700 - General Conditions <br /> 00700 - 44 <br /> FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc <br />
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