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10-10638
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10-10638
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Last modified
2/3/2011 10:20:41 AM
Creation date
2/3/2011 10:20:35 AM
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Building Department
Company Name
ZEPHYR COMMONS
Building Department - Doc Type
Permit
Permit #
10-10638
Building Department - Name
ZEPHYR COMMONS LLC
Address
7868 GALL BLVD
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parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a <br /> Construction Change Directive, the Contractor may request payment for Work completed pursuant to the <br /> Construction Change Directive. The Architect will make an interim determination of the amount of payment due for <br /> purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on <br /> adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect <br /> will prepare a Change Order. <br /> § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the <br /> Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. <br /> Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor <br /> shall carry out such written orders promptly. <br /> § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those <br /> indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and <br /> Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the <br /> Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. <br /> ARTICLE 14 TIME <br /> § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement <br /> the Contractor confirms that the Contract Time is a reasonable period for performing the Work. <br /> § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in <br /> the Contract Documents for Substantial Completion of the Work. <br /> § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically <br /> defined. <br /> § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. <br /> § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in <br /> the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably <br /> anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the <br /> Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such <br /> reasonable time as the Architect may determine, subject to the provisions of Article 21. <br /> ARTICLE 15 PAYMENTS AND COMPLETION <br /> § 15.1 APPLICATIONS FOR PAYMENT <br /> § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum <br /> Price, the Contractor shall submit to the Owner, before the first Application for Payment, a schedule of values, <br /> allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such <br /> data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Owner, shall <br /> be used in reviewing the Contractor's Applications for Payment. <br /> (Paragraph deleted) <br /> § 15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for <br /> subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for <br /> materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. <br /> § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner <br /> no later than the time of payment. The Contractor further warrants that upon submittal of an Application for <br /> Payment all Work for which Certificates for Payment have been previously issued and payments received from the <br /> Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, <br /> security interests or other encumbrances adverse to the Owner's interests. <br /> § 15.2 CERTIFICATES FOR PAYMENT <br /> 1 (Paragraph deleted) <br /> AIA Document Al07TM' — 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 11 <br /> reproduction or distribution of this AIA Document, or any portion of it, 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 />
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