Subcontractors

Documents in connection with uncompleted Work, plus fair 10.05, OWNER and CONTRACTOR may exercise suchand reasonable sums for overhead and profit on such rights or remedies as either may otherwise have under theexpenses;Contract Documents or by Laws or Regulations in respectof any dispute. CONTRACTOR shall carry on the Work3. for all claims, costs, losses, and damages (including but and maintain the progress schedule during the disputenot limited to all fees and charges of engineers, architects, resolution proceedings, unless otherwise agreed byattorneys, and other professionals and all court or arbitration CONTRACTOR and OWNER in writing.or other dispute resolution costs) incurred in settlement ofterminated contracts with Subcontractors, Suppliers, and ARTICLE 17 - MISCELLANEOUSothers; and17.01 Giving Notice4. for reasonable expenses directly attributable totermination. A. Whenever any provision of the ContractDocuments requires the giving of written notice, it will beB. CONTRACTOR shall not be paid on account of deemed to have been validly given if delivered in person toloss of anticipated profits or revenue or other economic loss the individual or to a member of the firm or to an officer ofarising out of or resulting from such termination,the corporation for whom it is intended, or if delivered at orsent by registered or certified mail, postage prepaid, to the15.04 CONTRACTOR May Stop Work or Terminate last business address known to the giver of the notice.A. If, through no act or fault of CONTRACTOR, the B. All notices required of the CONTRACTOR shall beWork is suspended for more than 90 consecutive days by performed in writing to the appropriate entityOWNER or under an order of court or other publicauthority, or ENGINEER fails to act on any Application for 17.02 Computation of TimesPayment within 30 days after it is submitted, or OWNERfails for 30 days to pay CONTRACTOR any sum finallyA. When any period of time is referred to in thedetermined to be due, then CONTRACTOR may, upon Contract Documents by days, it will be computed to excludeseven days written notice to OWNER and ENGINEER, and the first and include the last day of such period. If the lastprovided OWNER or ENGINEER do not remedy such day of any such period falls on a Saturday or Sunday or on asuspension or failure within that time, terminate the day made a legal holiday by the law of the applicableContract and recover from OWNER payment on the same jurisdiction, such day will be omitted from the computation.terms as provided in paragraph 15.03. In lieu of terminatingthe Contract and without prejudice to any other right or 17.03 Cumulative Remediesremedy, if ENGINEER has failed to act on an Applicationfor Payment within 30 days after it is submitted, orA. The duties and obligations imposed by theseOWNER has failed for 30 days to pay CONTRACTOR any General Conditions and the rights and remedies availablesum finally determined to be due, CONTRACTOR may, hereunder to the parties hereto are in addition to, and are notseven days after written notice to OWNER and to be construed in any way as a limitation of, any rights andENGINEER, stop the Work until payment is made of all remedies available to any or all of them which are otherwisesuch amounts due CONTRACTOR, including interest imposed or available by Laws or Regulations, by specialthereon. The provisions of this paragraph 15.04 are not warranty or guarantee, or by other provisions of theintended to preclude CONTRACTOR from making a Claim Contract Documents, and the provisions of this paragraphunder paragraph 10.05 for an adjustment in Contract Price will be as effective as if repeated specifically in the Contractor Contract Times or otherwise for expenses or damage Documents in connection with each particular duty,directly attributable to CONTRACTOR's stopping the obligation, right, and remedy to which they apply.Work as permitted by this paragraph.17.04 Survival of ObligationsARTICLE 16 - DISPUTE RESOLUTIONA. All representations, indemnifications, warranties,16.01 Methods and Procedures and guarantees made in, required by, or given in accordancewith the Contract Documents, as well as all continuingA. Dispute resolution methods and proce- obligations indicated in the Contract Documents, willdures, if any, shall be as set forth in the Supplementary survive final payment, completion, and acceptance of theConditions. If no method and procedure has been set Work or termination or completion of the Agreement.forth, and subject to the provisions of paragraphs 9.09 andEJCDC No. 1910-8 (1996 Edition) 00 7200-47w/ JJG Modifications (Rev03/06/08)