C. Payment Becomes Due
1. Not more than 30 days after presentation of the application for payment to OWNER with ENGINEER’s
recommendation, the amount recommended will become due, and when due will be paid by OWNER to
CONTRACTOR.
D. Reduction in Payment.
1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
a. Claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the
Work;
4. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other
matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle
ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under
this paragraph.
contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and
in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective
Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that
is not defective, and (ili) satisfactorily correct or repair or remove and replace any damage to other Work, to the work
G. The OWNER intends to provide inspection for the project. The inspector will be available during a forty (40) hour
period during the week from Monday through Friday. In the event the CONTRACTOR receives permission from the
OWNER and elects to work more than forty hours during the week or more than 10 hours in one day, or on a Saturday,
Sunday, or legal holiday, the CONTRACTOR shall be responsible for all inspection, ENGINEERing and testing costs
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
f. When both addition and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall
be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e
inclusive.
12.02 Change of Contract Times
B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately identified item.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs
covered by the CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR’s office at the Site.
3. Any part of CONTRACTOR's capital expense, including interest on CONTRACTOR's capital employed for the Work
and charges against CONTRACTOR for delinquent payments.
d. No compensation will be allowed for shop tools having a daily rental rate of less than $10 as set forth in
Section 18 of the Rental Rate Blue Book.
i. If ordered to use equipment not listed in the aforementioned publications, the ENGINEER will
establish a rental rate for such equipment. CONTRACTOR shall furnish cost data that might assist in
the establishment of such rental rate.
ii. Payment will be made for the actual time that such equipment is in operation on the work.
