R95-136 ACCEPTING THE BID, AUTHORIZING CONTRACT & ADDITIONAL FUNDING

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' , . pletion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty required by the Contrac[ Documents. The provisions of , this Article 18 apply�o Work done by Subcontractors as well as TERMINATION OF THE CONTRACT 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 Docu- 20•1 If the Archicect fails to recc�mmend payment fc�r a peri<�d ments. Establishment of the time period of one year as �>f 3��a��Ys through nc� fault of the Contractor,or if the Owner described in Paragraph 18.1 relates only to the specific obliga- fails to make payment thereon for a period of 30 clays,the Con- tion of the Contractor to correct the Work,and has no relation- tractor may, upon seven additional cL•�ys' writtcn notice tu the ship to the time within which the obligation to compty with the nwner and the Architect, terminate [he Contract ancl rccc>ver Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed ancl for prcrven time within which proceedings may be commenced to estab- loss with respect to materials, equipment, toc�ls,and construc- lish the Contractor's liability with respect to the Contractor's tion eyuipmen[and machinery,incluciing rcascmable ovenc�ad, obligations other than speeifically to correct the Work. profit and ciamages applicable to the I're�ject. ARTICLE 19 20.2 If the Contractor defaults or persistendy fails or neglects MISCELLANEOUS PROVISIONS to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the 19.1 The Contract shall be governed by the law of the place Owner, after seven days' written notice to the Contractor and where the Project is located. without prejudice to any other remedy the Owner may have, 19.2 As between the Owner and the Contractor, any appli- may make good such deficiencies and may deduct the cost cable statute of limitations shall commence ro run and any thereof, including compensation for the Architect's services alleged cause of action shall be deemed to have accrued: and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's .1 not later than the date of Substantial Completion for option, and upon certification by the Architect that sufficient accs or failures to act occurring prior to the relevant cause exists to justify such action,the Owner may terminate the date of Substantial Completion; Contract and take possession of the site and of all materials, .2 not later than the date of issuance of the final Certifi- equipment, tools, and construction equipment and machinery cate for Yayment for acts or failures to act occurring thereon owned by the Contractor and may finish the Work by subsequent to the relevant date of Substantial Com- whatever method the Owner may deem expedient. If the pletion and prior to issUance of the final Certificate for unpaid balance of the Contract Sum exceeds costs of finishing P.ryment; and the Work, including compensation for the Architect's services .3 not later than the date of the relevant act or fallure to and expenses made necessary thereby, such excess shall be act by the Contractor for acts or failures to act occur- paid to the Contractor, but if such costs exceed such unpaid ring after the date of the final Certificate for Payment. balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENT A707•ABBREVIATED OWNER-CONTRACTOR AGREEMENT�NWTH EDITION�AfA� •O 1987 THN AMF.RfCAN INSTITUTE OF ARCH17'EC75, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200(K� A1O7-1987 �� WARNING:Unllcensed photocopying viotates U.S.copyrfght laws and is sub�ect to legal prosecution.