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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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ex nse and if anv jud~ment or award aeainst the owner <br />arises therefrom, the Contractor shall pay or satis it and <br />shall reimburse the Owner for all attornevs' fees and couR or <br />other costs which the Owner has incurred over and above <br />those paid for directlv bv the Contractor. <br />6.2.6 The Owner and each separate contractor shall have <br />the same responsibilities for cutting and patching as are <br />described for the Contractor in Paragraph 3.14. <br />6.3 OWNER'S RIGHT TO CLEAN UP <br />6.3.1 If a dispute arises among the Contractor, separate <br />contractors and the Owner as to the responsibility under their <br />respective contracu for maintaining the premises and <br />surrounding area free from waste materials and rubbish as <br />described in Paragraph 3.15, the Owner may clean up and <br />allocate the cost among those responsible as -x~e -~4~s~tes~ <br />~~r~es~~e~s~. <br />ARTICLE 7 <br />CHANGES IN THE WORK <br />7.1 CHANGES <br />7.1.1 Changes in the Work may be accomplished after <br />execution of the Contract, and without invalidating the <br />Contract, by Change Order, Construction Change D'uective or <br />order for a minor change in the Work, subject to the <br />limitations stated in this Article 7 and elsewhere in the <br />Contract Documenu. <br />7.1.2 A Change Order shall be based upon agreement <br />among the Owner, Contractor and Architect; a Construction <br />Change Directive requires agreement by the Owner and <br />Architect and may or may not be agreed to by the Contractor; <br />an order for a minor change in the Work may be issued by the <br />Architect alone. <br />7.1.3 Changes in the Work shall be performed under <br />applicable provisions of the Contract Documenu, and the <br />Contractor shall proceed promptly, unless otherwise provided <br />in the Change Order, Construction Change Directive or order <br />for a minor change in the Work. <br />7.1.4 If unit prices aze stated in the Contract Documenu or <br />subsequently agreed upon, and if quantities originally <br />contemplated are so changed in a proposed Change Order or <br />Construction Change Directive that application of such unit <br />prices to quantities of Work proposed will cause substantial <br />inequity to the Owner or Contractor, the applicable unit <br />prices shall be equitably adjusted. <br />7.2 CHANGE ORDERS <br />7.2.1 A Change Order is a written instrument prepared <br />the Architect and signed by the Owner, Contractor ar1!!~ <br />Architect, stating their agreement upon all of the fo(lowing: <br />1 a change in the Work; <br />.2 the amount of the adjustment in the Contract Sum, if <br />any; and <br />.3 the extent of the adjustinent in the Contract Time, if <br />any. <br />7.2.2 Methods used in determining adjusm-enu to the <br />Contract Sum may include those listed in Subparagraph 73.3. <br />insert _ L: 72.3 _ Aereement ~,~y, han nrder shall <br />~onttit~te a final settlement of all matters relatine to ch~nQes <br />iu .~ ~'srlt .}~h ~ .th~ ~uttlssi ~f.ih~ . han Order_ <br />ia~lu~ins. ~ut ~t limit~ ~. ~1! .~irs~l.an~ ~s~ .cs~. <br />ac~~iated wi h c~ h ch n ec nd nv and a(1 adiuctments to <br />the Gontract S~m and the constr~ction sched~le. <br />7.3 CONSTRUCTION CHANGE DIRECTIVES <br />7.3.1 A Construction Change Directive is a written order <br />prepared by the Architect and signed by the Owner and <br />Architect, directing a change in the Work and stating <br />proposed basis for adjustment, if any, in the Contract Sum, o'~ <br />Contract Time, or both. The Owner may by Construction <br />Change Directive, without invalidating the Contract, order <br />changes in the Work within the general scope of the Contract <br />consisting of additions, deletions or other revisions, the <br />Contract Sum and Contract Time being adjusted accordingly. <br />7.3.2 A Constevction Change Directive shall be used in <br />the absence of total agreement on the terms of a Change <br />Order. <br />7.3.3 If the Construction Change Directive provides for an <br />adjustment to the Contract Sum, the adjustment shall be based <br />on one of the following methods: <br />.1 mutual acceptance of a lump sum properly itemized <br />and supported by sufficient substantiating data to <br />permit evaluation; <br />.2 unit prices stated in the Contract Documents or <br />subsequently agreed upon; <br />.3 cost to be determined in a manner agreed upon by <br />Owner-Contractor Agreement General Conditions Suppiement (For AIA ~oc. A201) <br />Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Pageā¢.~~ <br />
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