Bond shal! be construed as a statutory bond and not as a
common law bond.
14. Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish tabor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limitation
in the terms "labor, materials or equipment” that
part of water, gas, power, light, heat, oil, gasotine,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
16.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
Paragraph 6 above is deleted in its entirety and the following is substituted in its place:
6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof
of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are
undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating
documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make
arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be
an admission of liability by the Surety as to such claim or otherwise constitute 2 waiver of the Contractors or Surety's defenses to,
or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the
Surety to enforce any remedy available to it under this Bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title: , Attorney-in-Fact
Address: Address:
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED, AIAO A312-1984 6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NLW., WASHINGTON, D.C. 20006
THIRO PRINTING - MARCH 1987
