10-10524 - Laserfiche WebLink

Browse Search

18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Completion of the Contract or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 - MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 All claims or disputes between the Contractor and the Owner arising out or relating to this Contract, or the breach thereof, shall be first submitted to non - binding mediation as a condition precedent to arbitration. Mediation shall be in accordance with the rules or law of the State where the Project is located. Any and all claims shall then be subject to binding arbitration pursuant to the construction rules of the American Arbitration Association. Venue for all mediation and arbitration shall be in the County where the Project is located. 19.3 Where reference is made in this Agreement to a provision of another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of Contract Documents. 19.4 To comply with the provisions of Section 952 of the Omnibus Reconciliation Act of 1980 (Public law 96.499) and Regulations, Contractor hereby agrees to make available to the Secretary of Health and Human Services ( "HHS "), the Comptroller General of the General Account Office ( "GAO "), or their authorized representatives, all contracts, books, documents and records relating to the nature and extent of the costs thereunder for a period of four (4) years after the furnishing of services thereunder. In addition, Contractor hereby agrees, if services are to be provided by subcontract with a related organization, to require by contract that such subcontractor make available to the HHS and GAO or their authorized representatives, all contracts, accounting records, documents and records relating to the nature and extent of the costs thereunder for a period of four (4) years after the furnishing of services thereunder. 19.5 Claims for Consequential Damages. Except for Owner's right to recover liquidated damages, Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 15