Group Title: Historic St. Augustine: De Mesa Sanchez House, Block 7 Lot 6
Title: Abbreviated form of agreement between owner and contractor
ALL VOLUMES CITATION MAP IT! THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00091263/00027
 Material Information
Title: Abbreviated form of agreement between owner and contractor
Series Title: Historic St. Augustine: De Mesa Sanchez House, Block 7 Lot 6
Physical Description: Report
Language: English
Publication Date: 1978
 Subjects
Subject: Saint Augustine (Fla.)
43 Saint George Street (Saint Augustine, Fla.)
de Mesa-Sanchez House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 43 Saint George Street
Coordinates: 29.896429 x -81.313225
 Record Information
Bibliographic ID: UF00091263
Volume ID: VID00027
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution.
Resource Identifier: B7-L6

Full Text






THE AMERICAN INSTITUTE OF ARCHITECTS


AIA Document A107


Abbreviated Form of Agreement Between

Owner and Contractor
For CONSTRUCTION PROJECTS OF LIMITED SCOPE where
the Basis of Payment is a STIPUI ATFD Sl IM
1978 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
This document includes abbreviated General Conditions and should not be used with other General Conditions.
It has been approved and endorsed by The Associated General Contractors of America.


AGREEMENT

made as of the
Hundred and


day of


in the year of Nineteen


BETWEEN the Owner:


and the Contractor:


the Project:


the Architect:


The Owner and the Contractor agree as set forth below.


Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, @ 1978 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D C. 20006.
Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Stales
and will be subject to legal prosecution.
AIA DOCUMENT Al7 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIAO
) 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 1


TT

t






D-2


ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the Work required by the Contract Documents for
(Here insertiM r irjelCBriY li xBBai rm xxm{ ] a precise description of the
work covered by this contract and refer to numbers of drawings and pages of
specifications, including addenda, modifications and accepted alternates.)














ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this Contract shall be commenced

and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)







ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of



3.2 The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)


AIA DOCUMENT A1W7 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIAS
@ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006


A107-1978 2






D-3


ARTICLE 4
PROGRESS PAYMENTS
4.1 Based upon Applications for Payment submitted to the Aotn bcby the Contractor arxkfgt citiWn extrac nK t
sict the Owner shall make progress payments on account of the Contract Sum to the Con-
tractor as provided in the Contract Documents for the period ending the last day of the
month as follows:
(Here Insert payment procedures and provision for retainage, if any.)
Applications shall be made on an Application and Certificate for Payment Form
AIA Doc. G702. Certificates shall be notarized affirming that all supplies,
labor, etc. that have earned payment shown on the immediately previous monthly
estimate have been paid in full. Applications for Payment will not be approved
without submission of this Certificate. Each payment request shall be for the
cost of work done and the value of materials suitably stored at the site since
the time of the last previous Application for Payment. The Owner shall
certify a payment of 90% of the value of the work and materials as noted above
according to his best judgment of the correct amount. Ten (10) percent shall be
retained until the completion and acceptance of the work.
4.2 Payments due an unpaid under the Contract Documents shall bear interest from the date payment is due at the
rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.)

(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Contractor's principal places of business, the location ol the Project and elsewhere may affect the validity of this provision. Specific
legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosure or waivers.)

ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed/the Contract fully performed.amxgdar' aabi'a&dar nam l
ktcwideMnMm thbmra miAHiast and

ARTICLE 6
ENUMERATION OF CONTRACT, DOCUMENTS
6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are
listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and
any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
(a) This Agreement and General Conditions (8 pages).
(b) Modifications and Additions to Agreement and General Conditions (2 pages).
(c) Specifications (24 Sections).
(d) Drawings, Sheets Nos. 1, 2, 3, 4, 5, 6, M-l, M-2, E-1 and E-2, all dated
February 5, 1979 or as revised April 20, 1979.
(e) Addenda and accepted alternates.


AIA DOCUMENT A17 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIAS
@ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006


.3 A107r-1978






D-4


GENERAL CONDITIONS


ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
with General Conditions, Supplementary and other Condi-
tions, the Drawings, the Specifications, all Addenda issued
prior to the execution of this Agreement, and all Modifi-
cations issued by the Architect after execution of the
Contract such as Change Orders, written interpretations
and written orders for minor changes in the Work. The
intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the
Work. The Contract Documents are complementary, and
what is required by any one shall be as binding as if re-
quired by all. Work not covered in the Contract Docu-
ments will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to
produce the intended results.
7.2 Nothing contained in the Contract Documents shall
create any contractual relationship between the Owner or
the Architect and any Subcontractor or Sub-subcontractor.
7.3 By executing the Contract, the Contractor represents
that he has visited the site and familiarized himself with
the local conditions under which the Work is to be
performed. for the port ns of the work ind
7.4 The Work comprises the co pleted construction re-
quired by the Contract Document and includes all labor
necessary to produce such construction, and all materials
and equipment incorporated or to be incorporated in
such construction;

ARTICLE 8
ARCHITECT
8.1 The Architect will provide administration of the Con-
tract.La0dxtdlbexit 2wHntsemlxBpc tatixKExixgxxmKxx
35oxBinxeWAnkkfmalssalakiM:dn
8.2 The Architect shall at all times have access to the
Work wherever it is in preparation and progress.
8.3 The Architect will visit the site at intervals appropri-
ate to the stage of construction to familiarize himself gen-
erally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect will not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity of
the Work. On the basis of his on-site observations as an
architect, he will keep the Owner informed of the prog-
ress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the Work of the Con-
tractor. The Architect will not have control or charge of
and will not be responsible for construction means, meth-
ods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work,
and he will not be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract
Documents.
:xBdXa* knot=bodePAit& tatmX ox h a.dJacmehB


1tianxcKamlxrikXbiS5ueXfe30KlteMXRK XDXKCQcixK
xxim c Jrdoxn kgrrah~9hex'h 6x
8.5 The Architect will be the interpreter of the require-
ments of the Contract Documents. He will make decisions
on all claims, disputes or other matters in question be-
tween the Contractor and the Owner, but he will not be
liable for the results of any interpretation or decision ren-
dered in good faith. The Architect's decisions in matters
relating to artistic effect will be final if consistent with the
intent of the Contract Documents. All other decisions of
the Architect, except those which have been waived by
the making or acceptance of final payment, shall be sub-
ject to arbitration upon the written demand of either
party.
8.6 The Architect will have authority to reject Work
which does not conform to the Contract Documents.
8.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such
as Shop Drawings, Product Data and Samples, but only for
conformance with the design concept of the Work and
with the information given in the Contract Documents.

icated in ARTICLE 9
Article 1. OWNER
9.1 The Owner shall furnish all surveys and a legal de-
scription of the site.
9.2 Except as provided in Paragraph 10.5, the Owner
shall secure and pay for necessary approvals, easements,
assessments and charges required for the construction, use
or occupancy of permanent structures or permanent
changes iriexisting facilities. diecly
9.3 The Owner shall forward all instructionsto the Con-
tractor dDUXd~KiAcdX KflecXC
9.4 If the Contractor fails to correct defective Work or
persistently fails to carry out the Work in accordance with
the Contract Documents, the Owner, by a written order,
may order the Contractor to stop the Work, or any por-
tion thereof, until the cause for such order has been
eliminated; however, this right of the Owner to stop the
Work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Con-
tractor or any other person or entity.

ARTICLE 10
CONTRACTOR
10.1 The Contractor shall supervise and direct the Work,
using his best skill and attention and he shall be solely
responsible for all construction means, methods, tech-
niques, sequences and procedures and for coordinating
all portions of the Work under the Contract.
10.2 Unless otherwise specifically provided in the Con-
tract Documents, the Contractor shall provide and pay for
all labor, materials, equipment, tools, construction equip-
ment and machinery, water, heat, utilities, transportation,
and other facilities and services necessary for the proper


A107-1978 4


AIA DOCUMENT A107 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIAS
0 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006





D-5


S execution and completion of the Work, whether tempo-
rary or permanent and whether or not incorporated or to
be incorporated in the Work.
10.3 The Contractor shall at all times enforce strict dis-
cipline and good order among his employees and shall
not employ on the Work any unfit person or anyone not
skilled in the task assigned to him.
10.4 The Contractor warrants to the Owner and the
Architect that all materials and equipment incorporated
in the Work will be new unless otherwise specified, and
thi all Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents.
All Work not conforming to these requirements may be
considered defective.
10.5 Unless otherwise provided in the Contract Docu-
ments, the Contractor shall pay all sales, consumer, use
and other similar taxes which are legally enacted at the
time bids are received, and shall secure and pay for the
building permit and for all other permits and govern-
mental fees, licenses and inspections necessary for the
proper execution and completion of the Work.
10.6 The Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the performance
of the Work, and shall promptly notify the Architect if the
Drawings and Specifications are at variance therewith.
10.7 The Contractor shall be responsible to the Owner
for the acts and omissions of his employees, Subcontrac-
tors and their agents and employees, and other persons
performing any of the Work under a contract with the
Contractor.
10.8 The Contractor shall review, approve and submit all
Shop Drawings, Product Data and Samples required by
the Contract Documents. The Work shall be in accord-
ance with approved submittals.
10.9 The Contractor at all times shall keep the premises
free from accumulation of waste materials or rubbish
caused by his operations. At the completion of the Work
he shall remove all his waste materials and rubbish from
and about the Project as well as his tools, construction
equipment, machinery and surplus materials.
10.10 The Contractor shall pay all royalties and license
fees. He shall defend all suits or claims for infringement
of any patent rights and shall save the Owner harmless
from loss on account thereof.
10.11 To the fullest extent permitted by law, the Con-
tractor shall indemnify and hold harmless the Owner and
the Architect and their agents and employees from and
against all claims, damages, losses and expenses, including
but not limited to attorneys' fees arising out of or result-
ing from the performance of the Work, provided that any
such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work it-
self) including the loss of use resulting therefrom, and
(2) is caused in whole or in part by any negligent act or
omission of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone
. for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to
negate, abridge, or otherwise reduce any other right or


obligation of indemnity which would otherwise exist as to
any party or person described in this Paragraph 10.11. In
any and all claims against the Owner or the Architect or
any of their agents or employees by any employee of the
Contractor, any Subcontractor, anyone directly or indi-
rectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligation
under this Paragraph 10.11 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor
or any Subcontractor under workers' or workmen's com-
pensation acts, disability benefit acts or other employee
benefit acts. The obligations of the Contractor under this
Paragraph 10.11 shall not extend to the liability of the
Architect, his agents or employees, arising out of (1) the
preparation or approval of maps, drawings, opinions, re-
ports, surveys, change orders, designs or specifications, or
(2) the giving of or the failure to give directions or in-
structions by the Architect, his agents or employees pro-
vided such giving or failure to give is the primary cause
of the injury or damage.
ARTICLE 11
SUBCONTRACTS
11.1 A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform any of the
Work at the site.
11.2 Mdkfe4 hlbwii PKnenizaedirxldomln tancDoxn



Contracts between thiae Contractor and the Subcontractors
shall (1) require each Subcontractor, to the extent of the




Work to be performed by the Subcontractor, to be2W bound
xahex8nkRattanexhatbnktx0cropiayoia bceuKana(tiaK
3xxamMeK3atatboxkat!CthoeatiHwKKoaginaKnxxea6Hcaiab


Contracts between the Contractor and the Subcontractors
shall (1) require each Subcontractor, to the extent of the
Work to be performed by the Subcontractor, to be bound
to the Contractor by the terms of the Contract Docu-
ments, and to assume toward the Contractor all the obli-
gations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner and the Architect,
and (2) allow to the Subcontractor the benefit of all rights,
remedies and redress afforded to the Contractor by these
Contract Documents.
ARTICLE 12
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
12.1 The Ownente n I s flI to perform work re-
lated to the Project with his own forces, and to award
separate contracts in connection with other portions of
the Project or other work on the site under these or simi-
lar Conditions of the Contract. If the Contractor claims
that delay or additional cost is involved because of such
action by the Owner, he shall make such claim as pro-
vided elsewhere in the Contract Documents.
12.2 The Contractor shall afford the Owner and separate
contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the
execution of their work, and shall connect and coordinate
his Work with theirs as required by the Contract Docu-
ments.


AIA DOCUMENT A107 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIAG
1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006


5 A107-1978






D-6


12.3 Any costs caused by defective or ill-timed work
shall be borne by the party responsible therefore.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 The Contract shall be governed by the law of the
place where the Project is located.
13.2 All claims or disputes between the Contractor and
the Owner arising out of, or relating to, the Contract
Documents or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association
then obtaining unless the parties mutually agree other-
wise. Notice of the demand for arbitration shall be filed
in writing with the other party to the Owner-Contractor
Agreement and with the American Arbitration Association
and shall be made within a reasonable time after the dis-
pute has arisen. The award rendered by the arbitrators
shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having juris-
diction thereof. Except by written consent of the person
or entity sought to be joined, no arbitration arising out
of or relating to the Contract Documents shall include,
by consolidation, joinder or in any other manner, any
person or entity not a party to the agreement under which
such arbitration arises, unless it is shown at the time the
demand for arbitration is filed that (1) such person or
entity is substantially involved in a common question of
fact or law, (2) the presence of such person or entity is
required if complete relief is to be accorded in the arbi-
tration, (3) the interest or responsibility of such person or
entity in the matter is not insubstantial, and (4) such per-
son or entity is not the Architect or any of his employees
or consultants. The agreement herein among the parties
to the Agreement and any other written agreement to
arbitrate referred to herein shall be specifically enforce-
able under the prevailing arbitration law.
ARTICLE 14
TIME
14.1 All time limits stated in the Contract Documents
are of the essence of the Contract. The Contractor shall
expedite the Work and achieve Substantial Completion
within the Contract Time.
14.2 The Date of Substantial Completion of the Work is
the date certified by the Architect when construction is
sufficiently complete so that the Owner can occupy or
utilize the Work for the use for which it is intended.
14.3 If the Contractor is delayed at any time in the
progress of the Work by changes ordered in the Work,
by labor disputes, fire, unusual delay in transportation,
adverse weather conditions not reasonably anticipatable,
unavoidable casualties, or any causes beyond the Con-
tractor's control, or by any other cause which the, Archi-
tect determines may justify the delay, then the Contract
Time shall be extended by Change Order for such reason-
able time as the Architect may determine.
ARTICLE 15
PAYMENTS AND COMPLETION
15.1 Payments shall be made as provided in Article 4 and
Article 5 of this Agreement.


15.2 Payments may be withheld on account of (1) defec-
tive work not remedied, (2) claims, filed, (3) failure of the
Contractor to make payments properly to Subcontractors
or for labor, materials, or equipment. (4) damage to the
Owner or another contractor, or (5) persistent failure to
carry out the Work in accordance with the Contract
Documents.
15.3 When the Arthitect agrees that the Work is sub-
stantially complete, he will issue a Certificate of Substan-
tial Completion.
15.4 Final payment shall not be due until the Contractor
has delivered to the Owner a complete release of all liens
arising out of this Contract or receipts in full covering all
labor, materials and equipment for which a lien could be
filed, or a bond satisfactory to the Owner indemnifying
him against any lien. If any lien remains unsatisfied after
all payments are made, the Contractor shall refund to the
Owner all moneys the latter may be compelled to pay in
discharging such lien, including all costs and reasonable
attorneys' fees.
15.5 The making of final payments shall constitute a
waiver of all claims by the Owner except those arising
from (1) unsettled liens, (2) faulty or defective Work ap-
pearing after Substantial Completion, (3) failure of the
Work to comply with the requirements of the Contract
Documents, or (4) terms of any special warranties re-
quired by the Contract Documents. The acceptance of
final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of the
final Application for Payment.

ARTICLE 16
PROTECTION OF PERSONS AND PROPERTY
16.1 The Contractor shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with the Work. He shall take all
reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or
loss to (1) all employees on the Work and other persons
who may be affected thereby, (2) all the Work and all
materials and equipment to be incorporated therein, and
(3) other property at the site or adjacent thereto. He shall
give all notices and comply with all applicable laws, ordi-
nances, rules, regulations and orders of any public author-
ity bearing on the safety of persons and property and their
protection from damage, injury or loss. The Contractor
shall promptly remedy all damage or loss to any property
caused in whole or in part by the Contractor, any Sub-
contractor, any Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, except damage or
loss attributable to the acts or omissions of the Owner or
Architect or anyone directly or indirectly employed by
either of them or by anyone for whose acts either of them
may be liable, and not attributable to the fault or negli-
gence of the Contractor. The foregoing obligations of the
Contractor are in addition to his obligations under Para-
graph 10.11.
ARTICLE 17
INSURANCE
17.1 Contractor's liability insurance shall be purchased


AIA DOCUMENT A107 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIA
@ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING1ON, D.C. 20006


A107-1978 6





D-7


S and maintained by the Contractor to protect him from
claims under workers' or workmen's compensation acts
and other employee benefit acts, claims for damages be-
cause of bodily injury, including death, and from claims
for damages, other than to the Work itself, to property
which may arise out of or result from the Contractor's
operations under this Contract, whether such operations
be by himself or by any Subcontractor or anyone directly
or indirectly employed by any of them. This insurance
shall be written for not less than any limits of liability
specified in the Contract Documents, or required by law,
whichever is the greater, and shall include contractual
liability insurance applicable to the Contractor's obliga-
tions under Paragraph 10.11. Certificates of such insur-
ance shall be filed with the Owner prior to the com-
mencement of the Work.
17.2 The Owner shall be responsible for purchasing and
maintaining his own liability insurance and, at his option,
may maintain such insurance as will protect him against
claims which may arise from operations under the Con-
tract.
17.3 Unless otherwise provided, the Owner shall pur-
chase and maintain property insurance upon the entire
Work at the site to the full insurable value thereof. This
insurance shall include the interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work and shall insure against the perils of fire and ex-
tended coverage and shall include "all risk" insurance for
physical loss or damage including, without duplication of
? coverage, theft, vandalism, and malicious mischief.
17.4 Any loss insured under Paragraph 17.3 is to be ad-
justed with the Owner and made payable to the Owner
as trustee for the insureds, as their interests may appear,
subject to the requirements of any mortgagee clause.
thax2b5tu^&BewntrshBH~ikcxaspattx te~rate

17.6 The Owner and Contractor waive all rights against
each other for damages caused by fire or other perils to
the extent covered by insurance obtained pursuant to
this Article or any other property insurance applicable to
the Work, except such rights as they may have to the pro-
ceeds of such insurance held by the Owner as trustee.
The Contractor shall require similar waivers in favor of the
Owner and the Contractor by Subcontractors and Sub-
subcontractors.

ARTICLE 18
CHANGES IN THE WORK
18.1 The Owner, without invalidating the Contract, may
order Changes in the Work consisting of additions, dele-
tions, or modifications, the Contract Sum and the Con-
tract Time being adjusted accordingly. All such changes
in the Work shall be authorized by written Change Order
signed by the Owner and the Architect.


18.2 The Contract Sum and the Contract Time may be
changed only by Change Order.
18.3 The cost or credit to the Owner from a change in
the Work shall be determined by mutual agreement.

ARTICLE 19
CORRECTION OF WORK
19.1 The Contractor shall promptly correct any Work
rejected by the Architect as defective or as failing to con-
form to the Contract Documents whether observed before
or after Substantial Completion and whether or not fabri-
cated, installed or completed, and shall correct any Work
found to be defective or nonconforming within a period
of one year from the Date of Substantial Completion of
the Contract or within such longer period of time as may
be prescribed by law or by the terms of any applicable
special warranty required by the Contract Documents. The
provisions of this Article 19 apply to Work done by Sub-
contractors as well as to Work done by direct employees
of the Contractor.
upon proper
ARTICLE 20 application by the
TERMINATION OF THE CONTRACT Contractor
20.1 3ftn hbefaiagt ang eai

fjEinaamsrxIf the Owner fails to make payment/lhm
for a period of thirty days, the Contractor may, upon
seven additional days' written notice to the Owner and
the Architect, terminate the Contract and recover from
the Owner payment for all Work executed and for any
proven loss sustained upon any materials, equipment,
tools, and construction equipment and machinery, includ-
ing reasonable profit and damages applicable to the
Project.
20.2 If the Contractor defaults or persistently fails or
neglects to carry out the Work in accordance with the
Contract Documents or fails to perform any provision of
the Contract, the Owner may, after seven days' written
notice to the Contractor and without prejudice to any
other remedy he may have, make good such deficiencies
and may deduct the cost thereof, including compensation
for the Architect's additional services made necessary
thereby, from the payment then or thereafter due the
Contractor or, at his option, and upon certification by the
Architect that sufficient cause exists to justify such action,
may terminate the Contract and take possession of the
site and of all materials, equipment, tools, and construc-
tion equipment and machinery thereon owned by the
Contractor and may finish the Work by whatever method
he may deem expedient, and if the unpaid balance of the
Contract Sum exceeds the expense of finishing the Work,
such excess shall be paid to the Contractor, but if such
expense exceeds such unpaid balance, the Contractor
shall pay the difference to the Owner.


7 A107-1978


AUA DOCUMENT A1W7 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIA*
S 1978 THE AMERICAN INSTIIUIt o(J AKLinlltr..i, Ii.: NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006











ARTICLE 21
OTHER CONDITIONS OR PROVISIONS


21.1 Owner will provide temporary facilities as specified in Specifications
Section lB.











































This Agreement entered into as of the day and year first written above.

OWNER CONTRACTOR


AIA DOCUMENT A17 ABBREVIATED OWNER-CONTRACTOR AGREEMENT EIGHTH EDITION APRIL 1978 AIA*
0 1978 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006


A107-1978 8






V


E-l
MODIFICATIONS AND ADDITIONS TO
AGREEMENT AND GENERAL CONDITIONS


SUPPLEMENTARY GENERAL CONDITIONS

1. SCOPE:

This section sets forth modifications and additions to the Agreement and
General Conditions (AIA Doc. A107).

2. ARTICLE 7 CONTRACT DOCUMENTS:

The following paragraph is hereby added:

7.5 Technical specifications shall control over general plans,
large scale details shall control over small scale, and
figure dimensions over scaled dimensions. Addenda and
change orders supersede only affected portions of the docu-
ments.

3. ARTICLE 11 SUBCONTRACTS:

The following is hereby added to paragraph 11.2:

The Contractor shall not assign this contract nor subcon-
tract the whole or any part of this work without the prior
written consent of the Owner.

4. ARTICLE 17 INSURANCE:

The following paragraph is hereby added:

17.4 Subcontractors shall obtain all of the following types of in-
surance. All insurance policies shall be with insurers quali-
fied and doing business in Florida.

Workmen's Compensation Insurance: The subcontractor shall take
out and maintain during the life of this agreement workmen's
compensation insurance for all of his employees connected with
the work of this project. Such insurance shall comply fully
with the Florida Workmen's Compensation Law.

Contractor's Public Liability and Property Damage Insurance:
The subcontractor shall take out and maintain during the life
of this agreement Comprehensive General Liability and Compre-
hensive Automobile Liability Insurance as shall protect him
from claims for damage for personal injury, including acciden-
tal death, as well as claims for property damages which may
arise from operating under this agreement, whether such opera-
tions be by himself or by anyone directly or indirectly employed
by him, and the amount of such insurance shall be the minimum
limits as follows:





1 4 1


E-2
MODIFICATIONS AND ADDITIONS TO
AGREEMENT AND GENERAL CONDITIONS


4. ARTICLE 17 INSURANCE (Continued):

17.4 Contractor's Public Liability and Property Damage Insurance (Con't.):

(1) Bodily Injury Liability $300,000.00 each accident
(2) Automobile Property $ 50,000.00 each accident
Damage Liability
(3) Property Damage Lia- $100,000.00 each accident
ability (other than $100,000.00 aggregate operations
automobile) $100,000.00 aggregate protective
$100,000.00 aggregate contractual

Insuring clause for both bodily injury and property damage shall be
amended to provide coverage on an occurrence basis.

Contractual Liability-Work Contracts: The Subcontractor's Liability
Policy shall cover such contracts when they are affected.

Indemnification Rider: The Subcontractor's Liability Policy shall
provide a "Hold Harmless" rider to cover the provisions of Article
10.11 of the referenced AIA General Conditions and this shall be so
noted on the Contractor's Certificate of Insurance. Article 10.11
of the referenced AIA General Conditions is hereby revised to in-
clude the following acknowledgment:

The Contractor hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the Owner and acknowledges
receipt of ten dollars and other good and valuable consideration
from the Architect/Engineer in exchange for giving the Owner and
the Architect/Engineer, respectively, the indemnification provided
above in accord with Article 10.11 of the AIA General Conditions
which form a part of the Contract Documents.

Owner's Protective Liability Insurance: The Owner will provide
and maintain during the course of the work Owner's Protective
Liability Insurance.

Fire and Extended Coverage Insurance: The Owner will provide and
maintain during the course of the work a Fire and Extended Cover-
age Form, with all risk endorsement.


END OF SECTION E




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs