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.
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 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 data substantiating the Contractor’s right
to payment as the Owner may reasonably require.
The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. 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.
Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the
AG-7
