Neither party shall be considered in default of the performance of its obligations hereunder to the extent that
performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR's principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within CONTRACTOR's control.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall provide to
the other party, in writing and with full documentation to verify and substantiate its decision, its stated position
concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its position and full
documentation to the other party. The parties shall then attempt to resolve the dispute through good faith efforts
and negotiation between the OWNER Representative and a CONTRACTOR Representative. At all times,
CONTRACTOR shall carry on the work under this contract and maintain and complete work in accordance with
the requirements of the contract or determination or direction of the OWNER. If the parties are unable to resolve
their dispute as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board of Public
Works, the parties’ reserve the right to pursue any available legal and/or equitable remedies for any breaches of
this contract except as that right may be limited by the terms of this contract.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to
the last business address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the
first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation or, any
rights and remedies available to any or all of them which are otherwise imposed or available by Laws and
Regulations, by special warranty or guarantee, or by other provisions of the contract Documents, and the
provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in
connection with each particular duty, obligation, nght, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance
with the Contract Documents, will survive final payment, completion, and an acceptance of the Work or
termination or completion of the Agreement.
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