|
order to the Conhactor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however,
<br /> the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for
<br /> the benefit of the Contractor or any other person or entity.
<br /> § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK
<br /> If the Contractor defaults or neglects to carry out the Work in accardance with the Contract Doctunents and schedule, '
<br /> and fails within a five-day period after receipt of written notice from the Owner to commence and continue conection �
<br /> of such default or neglect with diligence and promptness, the Ovtmer, without prejudice to any other remedy the Owner I
<br /> may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and
<br /> compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the
<br /> Contractor.
<br /> ARTICLE 9 CONTRACTOR �
<br /> § 9.1 REVIEW OF CONT_RACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
<br /> § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
<br /> generally familiar with local conditions under which the Work is to be perfarmed and correlated personal observations
<br /> with requuements of the Contract Documents, �
<br /> § 9.1.2 Because the Contract Documents are complementary, the Ca�tractor shall, before starting each portion of the
<br /> Work, carefully study and compare the various Contract Docuxnents relative to that portion of the Work, as well as the
<br /> information fiunished by the Ovmer pursuant to Section 8.1.1, shall take field measurements of any existing I
<br /> conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations
<br /> are for the purpose of facilifating coordination and constructian by the Contractor and are not for the purpose of
<br /> discovering errors, omissions, ar inconsistencies in the Contract Documents; however, the Contractor shall promptly
<br /> report to the Architect any errors, inconsistencies, or omissions discovered by or made Imown to the Contractor as a
<br /> request for information in such form as the Architect may require. It is recognized that the Contractor's review is made
<br /> in the Contractar's capacity as a contractor and not as a licensed design professional unless otherwise specifically
<br /> provided in the Contract Documents.
<br /> § 9.1.3 The Contractor is not required to ascertain that the Conh�act Documents are in accordance with applicable laws,
<br /> statutes, ardinances, codes, rules and regulations, ar lawful orders of pubiic authorities, but the Contractor shall
<br /> promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for
<br /> information in such form as the Architect may require.
<br /> § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES �
<br /> § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
<br /> Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences
<br /> and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give
<br /> other specific instructions concerning these matters.
<br /> § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
<br /> Subcontractors and their agents and employees, and other persons or entifies performing portions ofthe Work for or on �
<br /> behalf of the Contractor or any of its Subcontractors, i
<br /> § 9.3 LABOR AND MATERIALS
<br /> § 9.3.1 Unless otherwise provided in the Coniract Documents, the Contractor shall provide and pay for labar,
<br /> materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
<br /> facilities and services necessary for proper execution and completion of the Work whether temporary or permanent
<br /> and whether or not incorporated or to be incorporated in the Work.
<br /> § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other i
<br /> persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in ;
<br /> tasks assigned to them. �
<br /> § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect I
<br /> and in accordance with a Modification.
<br /> AIA Document A107TM — 2007. Copyripht m 1836, 1951, 1958, 1861, 1963, 1966, 1870, 1974, 1978, 1887, 1997 and 2007 by The Amerlean Inslituta of Architacts.
<br /> Init. ,q�l ►lghts roserved. WARNING: This AIA Documant is protectad by U.S. Copyright Law and I�rtemational Treaties. Unauthorized reproductlon or
<br /> dlstdbuUon of thla AIA Document, or any portlon of k, may resuk in severe civll and edminal penaltles, and wili be prosecuted to the maximum extent 7 i
<br /> 1 poss161e undertha law. Thia document was produced by AIA software at 14:58:26 on 04l05/2011 under Order No.4716485922_1 which expires on 10I28I2011, !
<br /> and is not for resale. ,
<br /> Usar Notes: (1630881889) I
<br /> �
<br /> �
<br />
|