|
on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for
<br /> results of any interpretations or decisions rendered in good faith.
<br /> § 10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
<br /> expressed in the Contract Documents.
<br /> § 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
<br /> shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.
<br /> Consent shall not be unreasonably withheld.
<br /> ARTICLE 11 SUBCONTRACTORS
<br /> § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
<br /> Work at the site.
<br /> § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
<br /> practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the
<br /> Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with
<br /> any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten
<br /> days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor
<br /> was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or
<br /> decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued
<br /> before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with
<br /> anyone to whom the Contractor has made reasonable objection.
<br /> § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the
<br /> Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents,
<br /> and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of
<br /> the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and
<br /> Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that
<br /> the Contractor, by these Contract Documents, has against the Owner.
<br /> ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
<br /> § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
<br /> own forces, and to award separate contracts in connection with other portions of the Project or other construction or
<br /> operations on the site under conditions of the contract identical or substantially similar to these, including those
<br /> portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
<br /> involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21.
<br /> § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
<br /> storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
<br /> Contractor's activities with theirs as required by the Contract Documents.
<br /> § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a
<br /> separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The
<br /> Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly
<br /> timed activities, damage to the Work or defective construction of a separate contractor.
<br /> ARTICLE 13 CHANGES IN THE WORK
<br /> § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The
<br /> Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract
<br /> consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted
<br /> accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner,
<br /> Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect.
<br /> § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined
<br /> by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and
<br /> Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the
<br /> AIA Document A107 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
<br /> Init. Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 10
<br /> reproduction or distribution of this AIA Document, or any portion of lt, may result In severe civil and criminal penalties, and will be prosecuted to the
<br /> / maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No. 8649255540_1 which
<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
<br />
|