Section 00700 - General conditions

Home Browse Search

00700 - 35/38 Upon expiration of the 45 days, referred to in Paragraph 14.10A, the amounts withheld pursuant to the provisions of Paragraph 14.9B herein, for all remaining Work items will be returned to the CONTRACTOR; provided, that said Work has been completed or corrected to the satisfaction of the OWNER within said thirty (30) days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the OWNER under the Contract to cover two (2) times the value of such remaining uncompleted or uncorrected items. 14.11 CONTRACTOR'S CONTINUING OBLIGATION A. The CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Certificate of Substantial Completion/Notice of Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 14.12 FINAL PAYMENT TERMINATES LIABILITY OF OWNER A. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Paragraph 14.9B herein. The acceptance by the CONTRACTOR of the final payment referred to in Paragraph 14.9 herein, shall be a release of the OWNER and its agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the Work or for any act or neglect of the OWNER or of any person relating to or affecting the Work, except demands against the OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Paragraph 14.9 herein; and excepting pending, unresolved claims filed prior to the date of the Certificate of Substantial Completion/Notice of Completion. ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER A. The OWNER, acting through the ENGINEER, may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR. The CONTRACTOR shall resume the Work on receipt from the ENGINEER of a notice of resumption of Work. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 TERMINATION OF AGREEMENT BY OWNER (CONTRACTOR DEFAULT)