OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual
or entity, or any surety for, or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
inspections, will be deducted from the payments to the CONTRACTOR. CONTRACTOR shall stop work as
necessary to allow for inspections and tests by OWNER and ENGINEER.
12.05 Delays beyond OWNER's and CONTRACTOR's Control
A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones)
due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph
12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows:
1. A mutually acceptable fixed fee; or
2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the
Cost of the Work:
D. Documentation: Whenever the cost of the Work for any purpose is to be determined pursuant to paragraphs
11.01.A. and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form acceptable to ENGINEER as itemized cost breakdown together
with supporting data.
11.02 Cash Allowances
e. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
f. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees
for permits and licenses.
3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by
OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER,
which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis
of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same
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).
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to change orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
