Change Order & PCA - Newman Center Site Development Division A & Alternate No A1 Project No 117-060R - The Robert Henry Corporation

Home Browse Search

be treated by Contractor as a breach or default under this Agreement. (f ) Subcontractor shall not be entitled to receive final payment until the entire amount of work to be done hereunder has been accepted by Owner and a complete release of any and all claims against Contractor has been delivered by Subcontractor to Contractor. The acceptance of such release shall not relieve Subcontractor of liability for defects in said work. (g) Not withstanding any other provision or interest in the General Contract or contract documents, Contractor shall not pay any interest, finance charges or carrying charges unless or until payment is due and unpaid in accordance with the terms hereof, in which event, provided Subcontractor is not otherwise in breach or default of the terms of this Agreement, payments shall bear interest, finance charges or carrying charges at the rate of eight percent (8%) per annum from the date payment is otherwise due and owing. (h) Subcontractor agrees that monies received for the performance of the work hereunder shall be held intrust for payment for labor and material utilized in performing the Subcontractor's work, and said monies received in payment by Contractor to Subcontractor shall not be diverted to satisfy any other obligations of Subcontractor on work other than this Project and under this Contract. (i) The final invoice must be submitted to the Contractor's South Bend office with the necessary final and unconditional waiver of lien no later than the 25th of the month following the completion of the subcontractor's work. 8. Changes. The Subcontractor hereby agrees to promptly make any and all changes and furnish the materials and perform the work that the Contractor may require, without nullifying this agreement, at a reasonable addition to, or deduction from, the contract price, hereinafter named, and pro-rata to the same, i.e., figured on original unit price where applicable, No alterations or changes shall be made, however, except upon the written order of the Contractor prior to commencing any altered or changed work. The amount to be paid by the Contractor or allowed by the Subcontractor by virtue of such alterations shall be stated in such order. The Contractor shall not be liable to the Subcontractor to pay for changes in the scope of work completed by the Subcontractor without authorization of a written Change Order. 9. Extras. In no event shall the Contractor be liable to Subcontractor for payment of any extra work Subcontractor performs in addition to that required under Section 4, "Scope of Work", unless prior to performing any such work Subcontractor has obtained the written directive of the Contractor. No employee or agent of Contractor is authorized to direct any extra work by oral order. On any extra work directed by Contractor in accordance herewith Contractor reserves the right to review and adjust, at its sole discretion, any price or charges therefore submitted by Subcontractor. Payment for extra work hereunder shall be governed by the terms of Section 7, "Payment". 10. Delays - Extensions of Time - DamaLyes (a) Subcontractor shall only be entitled to an extension of time for performing and completing the work covered by this Agreement upon the same terms and conditions an extension of time is allowed and only to the extent actually allowed to Contractor by Owner, or its representative, under the terms of the General Contract. (b) Any damages to Contractor for delay caused by Subcontractor shall be deducted by Contractor from the agreed price for said work as liquidated damages and not as a penalty, and without limiting the option of Contractor to terminate said Subcontract for default as herein elsewhere provided, but in addition thereto. (c ) Contractor shall not be liable to the Subcontractor for delay to Subcontractor's work by the act, neglect or default of the Owner, Contractor, Architect, or the Engineer, or by reason of fire or other casualty, or on account of riots, or of strikes, or other combined action of workmen or others, or on account of any acts of God, or any other cause beyond Contractor's control, or an account of any circumstances caused or contributed to by the Subcontractor; provided, however, notwithstanding anything else contained herein, the Contractor will be liable to the Subcontractor for damages it incurs as a result of any acts, or failures to act, by the Owner which delays or suspends the Subcontractor's work only to the extent the Owner is liable for such damages and actually pays the Contractor for such damages; it being expressly understood that the only obligation the Contractor has to Subcontractor under this provision is to pass on to the Owner any claim Subcontractor has for damages for delays caused by Owner and to pay to Subcontractor any amounts which the Owner pays to the Contractor as a result of such claim for Owner -caused delays. (d) Should Subcontractor be delayed in his work by Contractor or any of its subcontractors or suppliers, then Contractor shall owe Subcontractor therefore only an extension of time for completion equal to the delay caused and then only if a written claim for delay is made to Contractor within 48 hours from the time of the beginning of the delay; and under no circumstances shall Contractor be liable to pay to Subcontractor any compensation for such Contractor -caused Revised February 2013 3