Laserfiche WebLink
12.02 Change of Contract Times <br />A. The Contract Times may only be changed by <br />a Change Order. Any Claim for an adjustment <br />in the Contract Times shall be based on <br />written notice submitted by the party making <br />the Claim to the Engineer and the other party <br />to the Contract in accordance with the <br />provisions of Paragraph 10.05. <br />B. Any adjustment of the Contract Times <br />covered by a Change Order or any Claim for <br />an adjustment in the Contract Times will be <br />determined in accordance with the provisions <br />of this Article 12. <br />12.03 Delays <br />A. Where Contractor is prevented from <br />completing any part of the Work within the <br />Contract Times due to delay beyond the <br />control of Contractor, the Contract Times will <br />be extended in an amount equal to the time <br />lost due to such delay if a Claim is made <br />therefor as provided in Paragraph 12.02.A. <br />Delays beyond the control of Contractor shall <br />include, but not be limited to, acts or neglect <br />by Owner, acts or neglect of utility owners or <br />other contractors performing other work as <br />contemplated by Article 7, fires, floods, <br />epidemics, abnormal weather conditions, or <br />acts of God. <br />B. If Owner, Engineer, or other contractors or <br />utility owners performing other work for <br />Owner as contemplated by Article 7, or <br />anyone for whom Owner is responsible, <br />delays, disrupts, or interferes with the <br />performance or progress of the Work, then <br />Contractor shall be entitled to an equitable <br />adjustment in the Contract Price or the <br />Contract Times, or both. Contractor's <br />entitlement to an adjustment of the Contract <br />Times is conditioned on such adjustment <br />being essential to Contractor's ability to <br />complete the Work within the Contract <br />Times. <br />C. If Contractor is delayed in the performance or <br />progress of the Work by fire, flood, epidemic, <br />abnormal weather conditions, acts of God, <br />acts or failures to act of utility owners not <br />under the control of Owner, or other causes <br />not the fault of and beyond control of Owner <br />and Contractor, then Contractor shall be <br />entitled to an equitable adjustment in Contract <br />Times, if such adjustment is essential to <br />Contractor's ability to complete the Work <br />within the Contract Times. Such an <br />adjustment shall be Contractor's sole and <br />exclusive remedy for the delays described in <br />this Paragraph 12.03.C. <br />D. Owner, Engineer and the Related Entities of <br />each of them shall not be liable to Contractor <br />for any claims, costs, losses, or damages <br />(including but not limited to all fees and <br />charges of Engineers, architects, attorneys, <br />and other professionals and all court or <br />arbitration or other dispute resolution costs) <br />sustained by Contractor on or in connection <br />with any other project or anticipated project. <br />E. Contractor shall not be entitled to an <br />adjustment in Contract Price or Contract <br />Times for delays within the control of <br />Contractor. Delays attributable to and within <br />the control of a Subcontractor or Supplier <br />shall be deemed to be delays within the <br />control of Contractor. <br />ARTICLE 13 — TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br />13.01 <br />Notice of Defects <br />A. Prompt notice of all defective Work of which <br />Owner or Engineer has actual knowledge will <br />be given to Contractor. All defective Work <br />may be rejected, corrected, or accepted as <br />provided in this Article 13. <br />13.02 Access to Work <br />A. Owner, Engineer, their consultants and other <br />representatives and personnel of Owner, <br />independent testing laboratories, and <br />governmental agencies with jurisdictional <br />interests will have access to the Site and the <br />Work at reasonable times for their <br />observation, inspecting, and testing. <br />Contractor shall provide them proper and safe <br />conditions for such access and advise them of <br />Contractor's Site safety procedures and <br />programs so that they may comply therewith <br />as applicable. <br />Standard General Conditions <br />00 72 00-37 <br />