Agenda

question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCE

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and
after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
‘A Exclude the Contractor from the site and take possession of all materials, equipment, tools, and

by such failure including those of repeated procedures and compensation for the Architect’s services and expenses
shall be at the Contractor’s expense.

§ 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.

§ 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.

§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 GOVERNING LAW

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

§ 12.1 UNCOVERING OF WORK

§ 12.1.1 Ifa portion of the Work is covered contrary to the Architect’s request or to requirements specifically
expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the
Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.

applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services
and expenses required as a result of such insured loss.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work
in transit. The insurance shall include a permission to occupy endorsement.

The parties agree that Contractor shall have the status of and shall perform all work under this contract as
an independent contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual reiationship created by this contract is between the Owner and
Contractor, and nothing in this contract shail create any contractual relationship between the Owner and
Contractor’s consultants, sub consultants, contractors, or subcontractors. The parties also agree that

2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor’s employees;

3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor’s employees;

4 Claims for damages insured by usual personal injury liability coverage;

5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;

to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.

§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to

‘A employees on the Work and other persons who may be affected thereby;

2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and