attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable fo agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefore as
provided in paragraph 10.05.
13.05 OWNER May Stop the Work
1. For inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below;
2. That costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be
paid as provided in said paragraph 13.04.B; and
3. As otherwise specifically provided in the Contract Documents.
12.04 Delays within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be extended due to delays with the control of CONTRACTOR.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the
control of CONTRACTOR.
12.05 Delays beyond OWNER's and CONTRACTOR's Control
2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with
paragraph 12.01.C.2); or
C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be
determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim
for an adjustment in Contract Price is deterrnined on the basis of Cost of the Work, CONTRACTOR’s fee shall be
determined as set forth in paragraph 12.01.C.
iv. Rental rate paid as above provided shall include the cost of fuel, oil, lubrication, small tools,
necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all
incidentals. CONTRACTOR shall provide the Engineer with a complete Force Account Equipment
Listing for each piece of equipment utilized,
e. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they
may be obtained.
adjustment disputed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's
last submittal (unless ENGINEER allows additional time).
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to
time, order additions, deletions, or revisions in the Work by a Written Amendment or a Change Order, Upon receipt of
any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under
the applicable conditions of the Contract Documents (except as otherwise specifically provided).
C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.
9,08 Determinations for Unit Price Work
A ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work
performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on
OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect changed factual
conditions).
9.09 Decisions on Requirements of Contract Documents and Acceptability af Wark
