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Pence Kelley- Contract
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Last modified
9/19/2012 11:40:59 AM
Creation date
8/17/2011 1:31:13 PM
Metadata
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Template:
Building
RecordID
10269
Title
Pence Kelley- Contract
Company
Pence/Kelly
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Contracts - Agreements
Project ID
CS9801 Courthouse Square Construction
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` • <br />4.5.6 Claims and Timely Assertion of Claims. ~4- <br />ie-~e~-a~~s~~-te <br />~-ts~-te~e~:-~~~~s- <br />te -i~~e ~ ~ -~g~ -eveFS~g~~ -~a~e~xeflse -eF <br />exc~.,ai~{e -neg~les~ -ef -iv~ea ~a -6~ -~as ~ -ef -~ee~- <br />esc~'e~ -sa~seq~e~ly; ~e ~~bi~ateF ~ ~te~s -r~a~- <br />4.5.7 Judgment on Final Award. ~e <br />~-~e ~-e~~ate~s ~a~-~e-€x~a~; ~~- <br />~~e~ed-a~e~-i~-~~s~se <br />ARTICLE 5 <br />SUBCONTRACTORS <br />5.1 DEFINI'TIONS <br />5.1.1 A Subcontractor is a person or entiry who has a <br />d'uect contract with the Contractor to perform a portion of the <br />Work at the site. The term "Subcontractor" is referred to <br />throughout the Contract Documents as if singular in number <br />and means a Subcontractor or an authorized representative of <br />the Subcontractor. The term "Subcon~actor" does not <br />include a separate contractor or subcontractors of a separate <br />contractor. <br />5.1.2 A Sub-subcontractor is a person or entity who has a <br />dinct or indirect contract with a Subcontractor to perform a <br />portion of the Work at the site. The term "Sub-subcontractor" <br />is referred W throughout the Contract Documents as if <br />singular in number and means a Sub-subcontractor or an <br />authoriud representative of the Sub-subcontractor. <br />5.2 AWARD OF SUBCONTRACTS AND OTHER <br />CONTRACTS FOR PORTIONS OF THE <br />WORK <br />5.2.1 Unless otherwise stated in the Contract Documents <br />or the bidding requirements, the Contractor, as soon as <br />practicable after award of the Contract, shall furnish in <br />writing to the Owner ~e~# and the Architect the names of <br />persons or entities (including those who are to fumish <br />materials or equipment fabricated to a special design) <br />proposed for each principal portion of the Work. The Owner <br />~itee~ will promptly reply to the Contractor in writing <br />stating whether or not the Owner eF~e~, after due <br />investigation, has reasonable objection to any such proposed <br />person or entity. Failure of the Owner e~-,4fsl~tes~ to reply <br />promptly shall constitute notice of no reasonable objection. <br />5.2.2 The Contractor shall not contract with a proposed <br />person or entity to whom the Owner eF~es~ has ma ' <br />reasonable and timely objection. The Contractor shall noY,~ <br />required to conti-act with anyone to whom the Contractor has <br />made reasonable objection. <br />5.2.3 If the Owner e~~s~e~E has reasonable objection to <br />a person or entity proposed by the Contractor, the Contractor <br />shall propose another to whom the Owner e~esE has no <br />reasonable objection. The Contract Sum shalt be increased or <br />decreased by the difference in cost occasioned by such <br />change and an appropriate Change Order shall be issued. <br />However, no increase in the Contract Sum shall be allowed <br />for such change unless the Contractor has acted promptly and <br />responsively in submitting names as required. <br />5.2.4 The Contractor shall not change a Subcontractor, <br />person or entity previously selected if the Owner e~ <br />makes reasonable objection to such change. <br />5.3 SUBCONTRACTUAL RELATIONS <br />5.3.1 By appropriate written agreement, ~~o- <br />', the Contractor shall require each <br />Subcontractor, to the extent of the Work to be performed by <br />the Subcontractor, to be bound to the Contractor by terms of <br />the Contract Documents, and to assume toward the <br />Contractor all the obligations and responsibilities which tbP <br />Contractor, by these Documents, assumes toward the Own~ <br />and Architect. Each subcontract agreement shall pteserve <br />and protect the rights of the Owner aad Architect under the <br />Contract Documents with respect to the Work to be <br />performed by the Subcontractor so that subconvacting <br />thereof will not prejudice such rights, and shall altow to the <br />Subcontractor, unless specifically provided otherwise in the <br />subcontract agreement, the benefit of all rights, remedies and <br />redress against the Contractor that the Contractor, by the <br />Contract Documeau, has against the Owner. ~o- <br />eH~e~a~e, the Contractor shall require each Subcontractor <br />to enter into similar agreements with Sub-subcontradors. <br />The Contractor shall make available to each proposed <br />Subcontractor, prior to the execurion of the subcontract <br />agreemeat, copies of the Contract Documents to which the <br />Subcontractor will be bound, and, upon written request of the <br />Subcontractor, identify to the Subcontractor terms and <br />conditions of the proposed subcontract agreement which may <br />be at variance with the Contract Documents. Subcontractors <br />shall similarly make copies of applicable portions of such <br />documents available to their respective proposed <br />Sub-subcontractors. <br />5.4 CONTINGENT ASSIGNMENT OF <br />SUBCONTRACTS <br />Owner-Contrador Agreement General Conditions Supplement (Fo~ AIA Doc. A201) <br />Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Pagt~.rl] <br />
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