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
A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any
Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract
Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately
identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The
estimated quantities of items of the Unit Price Work are not guaranteed and are solely for the purpose of comparison of
k. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance
CONTRACTOR is required by the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
6. Rental rates shall be determined as follows:
a. The base rates shall be those established in publications and revisions thereto entitled “Rental Rate Blue
Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment” as
published by K-III, 1735 Technology Drive, Suite 401, San Jose, CA 95110-1313, Phone (408) 467-6700.
ARTICLE 11 - COST OF THE WORK; CASH ALLOWAN CES; UNIT PRICE WORK
11.01 Cost of the Work
1. Changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of
acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under
paragraph 13.09, or (iii) agreed to by the parties:
2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed
sum or amount of time for Work actually performed in accordance with a Change Order ; and
by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Responsibilities
9.04 Clarifications and Interpretations
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's
means, methods, techniques, sequences, or procedures of construction, of the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of
the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the
Contract Documents.
