|
Ll
<br />LJ
<br />r+
<br />Li
<br />L�
<br />1
<br />L,
<br />1
<br />1
<br />1
<br />f�
<br />G
<br />1
<br />G
<br />i
<br />D
<br />13.2.5 If the Contractor does not proceed with the cor-
<br />rection of such defective or non -conforming Work within
<br />a reasonable time fixed by written notice from the Archi-
<br />tect, the Owner may remove it and may store the mate-
<br />rials or equipment at the expense of the Contractor. If
<br />the Contractor does not pay the cost of such removal
<br />and storage within ten days thereafter, the Owner may
<br />upon ten additional days' written notice sell such Work
<br />at auction or at private sale and shall account for the net
<br />proceeds thereof, after deducting all the costs that should
<br />have been borne by the Contractor, including compensa-
<br />tion for the Architect _ additional services made necessary
<br />thereby. If such proceeds of sale do not cover all costs
<br />which the Contractor should have borne, the difference
<br />shall be charged to the Contractor and an appropriate
<br />Change Order shall be issued. If the payments then or
<br />thereafter due the Contractor are not sufficient to cover
<br />such amount, the Contractor shall pay the difference to
<br />the Owner.
<br />13.2.6 The Contractor shall bear the cost of making good
<br />all work of the Owner or separate contractors destroyed
<br />or damaged by such correction or removal.
<br />13.2.7 Nothing contained in this Paragraph 13.2 shall be
<br />construed to establish a period of limitation with respect
<br />to any other obligation which the Contractor might have
<br />under the Contract Documents, including Paragraph 4.5
<br />hereof. The establishment of the time period of one year
<br />after the Date of Substantial Completion or such longer
<br />period of time as may be prescribed bylaw
<br />racy bythe
<br />terms of any warranty required by the r
<br />Docu-
<br />ments relates only to the sAecific obligation of the Con-
<br />tractor to correct the Work, and has no relationship to
<br />the time within wr-;ch his obligation to comply with the
<br />Contract Documents may be sought to be enforced, nor
<br />to the time within which proceedings may be com-
<br />menced to establish the Contractor's liability with respect
<br />to his obligations other than specifically to correct the
<br />Work.
<br />13.3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING
<br />WORK
<br />13.3.1 If the Owner prefers to accept defective or non-
<br />conforming Work, he may do so instead of requiring its
<br />removal and correction, in which case a Change Order
<br />will be Issued to reflect a reduction in the Contract Sum
<br />where appropriate and equitable. Such adjustment shall
<br />he effected whether or not final payment has been made.
<br />ARTICLE 14
<br />TERMINATION OF THE CONTRACT
<br />14.1 TERMINATION BY THE CONTRACTOR
<br />14.1.1 li the Work is {topped for a period of thirty days
<br />under an order of any court or other public authority
<br />having jurisdiction, or as a result of an act of government,
<br />such as a declaration of a national emergency making
<br />materials unavailable, through no act or fault of the
<br />Contractor or a Subcontractor or their agents or employ-
<br />ees or any other persons performing any of the Work
<br />under a contract with the Contractor, or if the Work
<br />should be stopped for a period of thirty days by the
<br />Contractor because the Architect has not issued a Certifi-
<br />cate for Payment as provided in Paragraph 9.7 or because
<br />the Owner has not made payment thereon as provided in
<br />Paragraph 9.7, then the Contractor may, upon seven addi-
<br />tional days' written notice to the Owner and the Archi-
<br />tect, terminate the Contract and recover from the Owner
<br />payment for all Work executed and for any proven loss
<br />sustained upon any materials, equipment, tools, construc-
<br />tion equipment and machinery, including reasonable
<br />profit and damages.
<br />14.2 TERMINATION BY THE OWNER
<br />14.2.1 If the Contractor is adjudged a bankrupt, or if he
<br />makes a general assignment for the benefit of his credi-
<br />tors, or if a receiver is appointed on account of his in-
<br />solvency, or if he persistently or repeatedly refuses or
<br />fails, except in cases for which extension of time is pro-
<br />vided, to supply enough properly skilled workmen or
<br />proper materials, or if he fails to make prompt payment
<br />to Subcontractors or for materials or labor, or persistently
<br />disregards laws, ordinances, rules, regulations or orders
<br />of any public authority having jurisdiction, or otherwise
<br />is guilty of a substantial violation of a provision of the
<br />Contract Documents. then the Owner, upon certification
<br />by the Architect that sufflcien, cause exists to justify such
<br />action, may. without prejudice to any right or remedy and
<br />after giving the Contractor and his surety. if any, seven
<br />days' written notice. terminate the employment of the
<br />Contractor and take possession of the site and of all mate-
<br />rials. equipment, tools, construction equipment and
<br />machinery thereon owned by the Contractor and may
<br />finish the Work by whatever method he may deem
<br />expedient. In such case the Contractor shall not be en-
<br />titled to receive any further payment until the Work is
<br />finished.
<br />14.2.2 If the unpaid balance of the Contract Sum exceeds
<br />the costs of finishing the Work, including compensation
<br />for the Architect's additional services made necessary
<br />thereby, such excess shall be paid to the Contractor. If
<br />such costs exceed the unpaid balance, the Contractor
<br />shall pay the difference to the Owner, The amount to be
<br />paid to the Contractor or to the Owner, as the case may
<br />be, shall be certified by the Architect. upon application,
<br />in the manner provided in Paragraph 9.4. and this obliga-
<br />tic,n for payment shall survive the termination of the
<br />Contract.
<br />AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRV `vNT\v,0'11NGTON uD.C. 00% A201-1976
<br />AIAO 6 0 1976 • THE ANIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. 19
<br />
|