Pence Kelley- Contract - Laserfiche WebLink

Home Browse Search

~fter execution of this Contract. 11.4.2 ~-~e~e~}aesF~€-a~-~e~,ee~~.e~E~-a~e~.g- te -b e -a -~eter~+a~ -~~ -e€-~ie~s -se~e~g -fla~ .e€- e~gat+e~s ~isi~g -~de~ -~#e -6s~as~ -t~e ~eF -s#a~~- be~a~The cosu of all bonds reauired under this Paraeraah 11.4 shall be included in the Contract Sum. InSert_ X: 1.4.3 Uoon the re uest o_f anv nerson or enti avpearin~ to be a potential beneficiarv of~ of the bonds re uired under this Paraeranh 11.4, the Contractor promatlv shall fumish a cOpy of the bonds or shall nermit a cOpy thereof to be made and delivered to such aerson or entitv. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documenu, it must, if required in writing by the Architect or Owner, be uncovered for t~ ~s~i~esfs-observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and reptacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condirion was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicaF' special warranty required by the Contract Documenu, any,~ the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. 't'his period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of rime between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requiremenu of the Contract Documenu and arc neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor dces not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect, the Ovmer may remove it and store the salvable materials c equipment at the Contractoc's expense. If the Contractor dce~r~'' not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been bome by the Contractor, including compensation for the Architect's services and expenses made necessary therebv and attornev fees and exoenses. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner_ immediatelv uaon demand. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractot's correction or removal of Work which is not in accordance with the requirements of the Contract Documenu. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to Owner-Contractor Agreement General Conditions Supplement (For AIA Doc. A201) Paye - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page~d~S