Pence Kelley- Contract - Laserfiche WebLink

Home Browse Search

+ ~ubparagraph 13.5.1, the Architect will, upon written suthorization from the Owner, ins~truct the Contractor to make arrdngements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Atchitect of when and where tests and inspections are to be made so the Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.53. 13.5.3 if such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses1 includin~ the cost of retestin~ for verification of comoliance if necessarv, until the Architect certifies that the Work in9uestion dces comvlv with the reauirements of the Contract Documents, and all such costs shall not be included in comautin¢ the Contract Sum. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Owner. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing- 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD Substantial Completion; .2 Betwee~ Substantial Completion and Fir ' Certificate for Paymen~ As to acts or failure:,r,r,/ act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the fmal Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final CeRificate for Payment; and .3 After Final Ceitificate for Paymen~ As to acts or failures to act occurring after the relevant date of issuance of the finai Certificate for Payment, any applicabte statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. Inse~t _ Z: 13.7.2 .,.Notwithstandine ~ provision of Suboaraeraah 13.7.1 to the contrarv, no aoolicable statute ~~ timitations shall be deemed to have commenced with resv~..i~ to~portion of the Work which is not in accordance with the reauirements of the Contract Documents, which would not be visible or aoaarent uaon conductin¢ a reasonable investisation, and which is not discovered bv the Owner untii after the date which. but for this Suboara~raoh 13.72, would be the date of commencement of the aaolicable statute of limitations; the anolicable statute of limitations instead shall be deemed to have commenced on the date of such discoverv bv the Owner. Insert AA: 3.8 No waiver of anv arovision of the Contract Documents~ Owner shall be effective unless the waiver is in writin~ and siened bv Owner. 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shal! be deemed to have accrued in any and all events not later than such date of Insert AB:1~_4__Anv public announcement or si~n relatine to the Work shall be subiect to the Owner's ~rior a~qroval include the followin¢ statement: "This Proiect is financed, in oart, throueh a~rant from the Federal Transit Administration to the transit district. The total amount of federal funds to be exnended for comnensation navable to the contractor under this A¢reement is estimated to be Dollars~------------------~ which is-------% of the total Owner-Contrador Agreement Generai Conditions Supplement (For AIA Doc. A201) Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Pag'~'