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2004-270
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2004-270
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Entry Properties
Last modified
9/30/2016 12:11:44 PM
Creation date
9/30/2015 8:20:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/02/2004
Control Number
2004-270
Agenda Item Number
11.C.2
Entity Name
Clemons, Rutherford & Associates
Subject
Indian River County Jail Addition and Renovation
Architect Services
Area
4055 41st. Ave.
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4609
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applicable special warranty required by the Contract Documents, any of the Work is found to <br /> be not in accordance with the requirements of the Contract Documents, the Contractor. at <br /> Contractor's expense , shall correct it promptly after receipt of written notice from the <br /> Owner to do so unless the Owner has previously given the Contractor a written express <br /> acceptance of such condition. The Owner shall give such notice promptly after discovery of the <br /> condition. If any of the Work is found to be not in accordance with the requirements of <br /> the Contract Documents during the one-year period for correction of Work and if the <br /> Owner fails to promptly thereafter notify the contractor and give the Contractor and <br /> opportunity to make the correction . the Owner waives the right to require correction by. <br /> the Contractor. DuFing -the a-year 4of eerfectien -efWer-k, 44heOwne -fails -te - <br /> netify 4he Gextrec-te -and -give 4he Gentr-acter -an epgeHeni4e make -t ie r 4he - <br /> efwar-r-anty. If the Contractor fails to correct nonconforming Work within a reasonable time <br /> during that period after receipt of notice from the Owner or Architect, the Owner may correct <br /> it in accordance with Paragraph 2.4. THIS DOCUMENT HAS IMPORTANT LEGAL <br /> CONSEQUENCES. CONSULTATION WITH AN <br /> 12 . 2 . 2 . 2 The one-year period for correction of Work shall be extended with respect to ATTORNEY IS ENCOURAGED <br />WITH <br /> portions of Work first performed after Substantial Completion by the period of time between RESPECT TO ITS COMPLETION OR <br /> Substantial Completion and the actual completion of performance of the Work. MODIFICATION. AUTHENTICATION OF THIS <br /> ELECTRONICALLY DRAFTED AIA <br /> 12 . 2 . 2 . 3 The one-year period for correction of Work shall not be extended by corrective DOCUMENT MAY BE MADE BY USING <br />AIA <br /> Work performed by the Contractor pursuant to this Paragraph 12.2. DOCUMENT D401. <br /> This document has been approved and <br /> 12 . 2 . 3 The Contractor shall remove from the site portions of the Work which are not in endorsed by The Associated <br />General <br /> accordance with the requirements of the Contract Documents and are neither corrected by the Contractors of America. <br /> Contractor nor accepted by the Owner. <br /> 12 . 2 . 4 The Contractor shall bear the cost of correcting destroyed or damaged construction, <br /> whether completed or partially completed, of the Owner or separate contractors caused by the <br /> Contractor's correction or removal of Work which is not in accordance with the requirements <br /> of the Contract Documents. <br /> 12 . 2 . 5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of <br /> limitation with respect to other obligations which the Contractor might have under the <br /> Contract Documents. Establishment of the one-year period for correction of Work as described <br /> in Subparagraph 12. 2. 2 relates only to the specific obligation of the Contractor to correct the <br /> Work, and has no relationship to the time within which the obligation to comply with the <br /> Contract Documents may be sought to be enforced, nor to the time within which proceedings <br /> may be commenced to establish the Contractor' s liability with respect to the Contractor's <br /> obligations other than specifically to correct the Work. <br /> 12 . 3 ACCEPTANCE OF NONCONFORMING WORK <br /> 12 . 3 . 1 If the Owner prefers to accept Work which is not in accordance with the requirements <br /> of the Contract Documents, the Owner may do so instead of requiring its removal and <br /> correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such <br /> adjustment shall be effected whether or not final payment has been made. <br /> ARTICLE 13 MISCELLANEOUS PROVISIONS <br /> 13 . 1 GOVERNING LAW; VENUE 2% <br /> 13 . 1 . 1 The �t -shall 4e gevemed * -the -lar -e 4he -place wher-e 4he Deject 4s :f , , w 6 <br /> leeated This agreement shall be governed by the laws of the State of Florida . Venue <br /> for any lawsuit brought by either party against the other party or otherwise arising out <br /> 01997 AIA® <br /> AIA DOCUMENT A201 - 1997 <br /> GENERAL CONDITIONS OF THE <br /> 0 Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961, 1963t 1966g 1967, 1970, 1976, 1 7, 1997 by The <br /> CONTRACT FOR CONSTRUCTION <br /> American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial <br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects <br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, <br /> N .W. <br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 <br /> with permission of the AIA and can be reproduced in accordance with your license without violation until <br /> the date of expiration as noted below . expiration as noted below. expiration as noted below. User <br /> Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, <br /> which expires on 12/31/2004. <br /> 43 <br />
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