Construction Contract (Page 4 of 6) in pdf

Section 5.06 Changes in Work

The Owner reserves the right by written order to make any change including additions, reductions or deletions

in the work or materials to be furnished hereunder or may order additional work not shown in the Contract

Documents. If Contractor shall claim that any such change shall increase the cost or time of performance of the Work,

it shall be within ten calendar days of receipt of such order, give written notice of a claim for additional compensation

or for an extension of time and the parties shall agree upon an equitable adjustment. Contractor shall not delay

proceeding with the Work as change pending such agreement.

Contractor shall not be entitled to additional compensation whether for modifications or additions to the

Work not covered in the Contract Documents or for extra labor or materials furnished unless performed or furnished

pursuant to a prior written order signed by Owner.

Any changed or additional Work performed by Contractor as ordered by Owner, shall be performed pursuant

to, in accordance with, and subject to all terms and conditions of the Contract.

Section 5.07 Time

All time limits stated in the Contract Documents are of the essence of the Contract.

Contractor shall begin work on or before the date established, to be not less than fourteen (14) days from

issuance of the building permit or such other date as the parties agree in writing and shall carry the work forward

expeditiously with adequate forces and complete it on ____________(or within number of days).

Section 5.08 Warranties; Guarantees

The Contractor warrants and guarantees that all equipment and systems shall be installed in accordance with

the Contract Documents in the most workman‐like manner and will perform as specified herein.

At any time during or after installation Contractor shall repair and replace immediately any and all Work

together with any adjacent work which may be displaced by so doing, that may be defective in material, installation,

or workmanship.

Contractor warrants and guarantees all equipment and systems furnished or installed by Contractor for a

period of from the date of acceptance, or for such longer warranty periods as may be

accorded by the manufacturer thereof or law against defective materials, design and workmanship.

In the event Contractor fails to initiate corrective measures within ten (10) days after being notified in writing

by the Owner and complete such corrections promptly therefore, the Owner is authorized to proceed to have said

defect repaired and Contractor shall pay all costs and charges therefore upon demand.

With regard to any warranties to be furnished for the work, services, equipment or materials under this

Contract, Owner shall not be obligated to waive any express or implied warranties as a condition to accepting the

written warranty to be provided.

Section 5.09 Use of Project

The use by the Owner of any portion of the Project shall not affect the dates and times when Progress Payments

become due to Contractor and shall not prejudice Owner's rights under the Contract.

Section 5.10 Cleaning Up

Contractor shall confine its operation at the site to area permitted by law, ordinances and the Contract Documents and

shall keep the property of the Owner free of all of the accumulated rubbish and waste materials. Upon completion of the

Project, Contractor shall promptly remove all rubbish and waste materials all temporary structures, and all equipment used by

it in performing the Contract. If Contractor fails to clean up, Owner may do so and the cost thereof shall be charged to the

Contractor.

(Rev 4/23/14)

Construction Contract Page 4