|
<br />12.02 Change of Contract Times
<br />
<br />A. The Contract Times may only be changed by
<br />a Change Order. Any Claim for an adjustment in the
<br />Contract Times shall be based on written notice submitted
<br />by the party making the Claim to the Engineer and the
<br />other party to the Contract in accordance with the
<br />provisions of Paragraph 10.05.
<br />
<br />B. Any adjustment of the Contract Times
<br />covered by a Change Order or any Claim for an
<br />adjustment in the Contract Times will be determined in
<br />accordance with the provisions of this Article 12.
<br />
<br />12.03 Delays
<br />
<br />A. Where Contractor is prevented from
<br />completing any part of the Work within the Contract
<br />Times due to delay beyond the control of Contractor, the
<br />Contract Times will be extended in an amount equal to
<br />the time lost due to such delay if a Claim is made therefor
<br />as provided in Paragraph 12.02.A. Delays beyond the
<br />control of Contractor shall include, but not be limited to,
<br />acts or neglect by Owner, acts or neglect of utility owners
<br />or other contractors performing other work as contemplat-
<br />ed by Article 7, fires, floods, epidemics, abnormal
<br />weather conditions, or-acts of God.
<br />
<br />B. If Owner, Engineer, or other contractors or
<br />utility owners performing other work for Owner as
<br />contemplated by Article 7, or anyone for whom Owner is
<br />responsible, delays, disrupts, or interferes with the
<br />performance or progress of the Work, then Contractor
<br />shall be entitled to an equitable adjustment in the Contract
<br />Price or the Contract Times , or both. Contractor's
<br />entitlement to an adjustment of the Contract Times is
<br />conditioned on such adjustment being essential to
<br />Contractor's ability to complete the Work within the
<br />Contract Times.
<br />
<br />C If Contractor is delayed in the performance or
<br />progress of the Work by fire, flood, epidemic, abnormal
<br />weather conditions, acts of God, acts or failures to act of
<br />utility owners not under the control of Owner, or other
<br />causes not the fault of and beyond control of Owner and
<br />Contractor, then Contractor shall be entitled to an
<br />equitable adjustment in Contract Times, if such
<br />adjustment is essential to Contractor's ability to complete
<br />the Work within the Contract Times. Such an adjustment
<br />shall be Contractor's sole and exclusive remedy for the
<br />delays described in this Paragraph 12.03.C.
<br />
<br />D. Owner, Engineer and the Related Entities of
<br />each of them shall not be liable to Contractor for any
<br />claims, costs, losses, or damages (including but not
<br />limited to all fees and charges of Engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) sustained by
<br />Contractor on or in connection with any other projector
<br />anticipated project.
<br />
<br />E. Contractor shall not be entitled to an
<br />adjustment in Contract Price or Contract Times for delays
<br />within the control of Contractor. Delays attributable to
<br />and within the control of a Subcontractor or Supplier shall
<br />be deemed to be delays within the control of Contractor.
<br />
<br />ARTICLE 13 TESTS AND INSPECTIONS;
<br />CORRECTION, REMOVAL OR ACCEPTANCE OF
<br />DEFECTIVE WORK
<br />
<br />13.01 Notice of Defects
<br />
<br />A. Prompt notice of all defective Work of which
<br />Owner or Engineer has actual knowledge will be given to
<br />Contractor. All defective Work may be rejected,
<br />corrected, or accepted as provided in this Article 13.
<br />
<br />13.02 Access to Work
<br />
<br />A. Owner, Engineer, their consultants and other
<br />representatives and personnel of Owner, independent
<br />testing laboratories, and governmental agencies with
<br />jurisdictional interests will have access to the Site and the
<br />Work at reasonab!e times for thejr o~~~rvati(m,
<br />inspecting, and testing. Contractor shall provide them
<br />proper and safe conditions for such access and advise
<br />them of Contractor's Site safety procedures and programs
<br />so that they may comply therewith as applicable.
<br />
<br />13.03 Tests and Inspections
<br />
<br />A. Contractor shall give Engineer timely notice
<br />of readiness of the Work for all required inspections,
<br />tests, or approvals and shall cooperate with inspection and
<br />testing personnel to facilitate required inspections or tests.
<br />
<br />B. Owner shall employ and pay for the services
<br />of an independent testing laboratory to perform all
<br />inspections, tests, or approvals required by the Contract
<br />Documents except:
<br />
<br />I. for inspections, tests, or approvals covered by
<br />Paragraphs 13.03.C and 13.03.D below;
<br />
<br />2. that costs incurred in connection with tests or
<br />inspections conducted pursuant to Paragraph 13.04.B
<br />shall be paid as provided in said Paragraph 13.04.C; and
<br />
<br />3. as otherwise specifically provided in the Con-
<br />tract Documents.
<br />
<br />C. If Laws or Regulations of any public body
<br />having jurisdiction require any Work (or part thereof)
<br />specifically to be inspected, tested, or approved by an
<br />employee or other representative of such public body,
<br />Contractor shall assume full responsibility for arranging
<br />and obtaining such inspections, tests, or approvals, pay all
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright Cbl 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 33
<br />
|