4.
The Owner will have authority to order minor changes in the Work not involving changes in the
Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes shall be written orders and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly.
If concealed or unknown physical conditions are encountered at the site that differ materially from
those indicated in the Contract Documents or from those conditions ordinarily found to exist, the
Contract Sum and Contract Time shall be subject to equitable adjustment following authorization of
the Owner to the charges.
ARTICLE 9 — TIME
1,
2.
Time limits stated in the Contract Documents are of the essence to the Contract.
If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or
by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond
the Contractor’s control, the Contract Time shall be extended by Change Order for such reasonable
time as may be determined.
ARTICLE 10 — PAYMENTS AND COMPLETION
1,
The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount
payable by the Owner to the Contractor for performance of the Work under the Contract
Documents.
At least ten days before the date established for each progress payment, the Contractor shall submit
an itemized Application for Payment for operations completed in accordance with the values stated
in the Agreement. Such application shall be supported by such cata substantiating the Contractor’s
tight to payment as the Owner may reasonably require.
Application for Payment performed under this agreement ssl! be su. mitted directly to:
City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn:
To facilitate the proper and timely pe. meni vf applications, the Owner requires that all
applications contain a valid PURC HA. 7 O1. °2R NUMBER.
The Contractor warrants that title. all \/ork covered by an Application for Payment will pass to
the Owner no later than the time of p yment. The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which Certificates for Payment have been previously
issued and payments received from the Owner shall, to the best of the Contractor’s knowledge,
information and belief, be free and clear of liens, claims, security interests or other encumbrances
adverse to the Owner’s interests.
OWNER shall make payments on the basis of Contractors Application for Payment, approximately
30 days from the time the final payment application is received by the Owner, depending upon the
timing of submittals and approvals.
The Contractor shall promptly pay each Subcontractor and material supplier out of the amount paid
to the Contractor on account of such entities’ portion of the Work.
The Owner shall have no responsibility for the payment of money to a Subcontractor or material
supplier.
An Application for Payment, a progress payment, or partial or entire use or occupancy of the
project by the Owner shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.
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