AIA Document A232 – 2009 General Conditions of the Contract for Construction

Construction Manager as Adviser Edition for the following PROJECT:

(Name, and location or address)

THE CONSTRUCTION MANAGER:

(Name, legal status and address)

If a Construction Manager is not identified here, then all references to Construction Manager shall refer to the Owner’s

Representative.

THE OWNER:

Ocean County College

1 College Drive

Toms River, NJ 08754-2001

THE ARCHITECT:

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT AND CONSTRUCTION MANAGER

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

INDEX

(Topics and numbers in bold are section headings.)

Acceptance of Nonconforming Work

9.6.6, 9.9.3, 12.3

Acceptance of Work

9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3

Access to Work

3.16, 6.2.1, 12.1

Accident

Prevention 10

Acts and Omissions

3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 8.3.1, 9.5.1, 10.1, 10.2.5, 13.4.2, 13.7

Addenda

1.1.1, 3.11, 4.2.14

Additional Costs, Claims for

3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3, 10.4, 15.1.4

Additional Inspections and Testing

4.2.8, 12.2.1, 13.5

Additional Insured

11.1.4

Additional Time, Claims for

3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3

Administration of the Contract

3.10, 4.2

Advertisement or Invitation to Bid

1.1.1

Aesthetic Effect

4.2.19

Allowances

3.8, 7.3.8

All-risk Insurance

11.3.1, 11.3.1.1

Applications for Payment

4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4

Approvals

2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through

3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5

Arbitration

8.3.1, 11.3.10, 13.1, 15.3.2, 15.4

ARCHITECT

Architect, Certificates for Payment

9.4

Architect, Definition of

4.1.1

Architect, Extent of Authority

5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1

Architect, Limitations of Authority and

Responsibility

2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2

Architect’s Additional Services and

Expenses 2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2

Architect’s Administration of the Contract

4.2, 9.4, 9.5, 15.2

Architect’s Approvals 3.12.8

Architect’s Authority to Reject Work

4.2.8, 12.1.2, 12.2.1

Architect’s Copyright 1.5 Architect’s Decisions

4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14.2.4, Architect’s Inspections 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.

Architect’s Instructions 3.2.4, 7.4, 9.4

Architect’s Interpretations 4.2.8, 4.2.17, 4.2.18

Architect’s On-Site Observations

4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5

Architect’s Project Representative 4.2.16

Architect’s Relationship with Contractor

1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5

Architect’s Relationship with

Construction Manager 1.1.2, 9.3 through

9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4

Architect’s Relationship with

Subcontractors 1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4

Architect’s Representations 9.4, 9.5, 9.10.1

Architect’s Site Visits

4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5

Asbestos 10.3.1

Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3

Award of Other Contracts 6.1.1, 6.1.2

Award of Subcontracts and Other

Contracts for Portions of the Work

5.2

Basic Definitions

1.1

Bidding Requirements 1.1.1, 5.2.1, 11.4.1

Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1

Boiler and Machinery Insurance

11.3.2

BONDS, INSURANCE AND

Bonds, Lien

7.3.7.4, 9.10.3

Bonds, Performance and Payment

7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

Building Permit

2.2.2, 3.7.1

Capitalization

1.3

Certificate of Substantial Completion

9.8.3, 9.8.4, 9.8.5 Certificates for Payment

4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3

Certificates of Inspection, Testing or Approval

13.5.4

Certificates of Insurance

9.3.2, 9.10.2, 11.1.3

Change Orders

1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, 4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3

Change Orders, Definition of

7.2

Changes

7.1

CHANGES IN THE WORK

2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3.1, 9.3.1.1

Claims, Definition of

15.1.1

CLAIMS AND DISPUTES

1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4, 10.3.3, 15, 15.4

Claims for Additional Cost

3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4

Claims for Additional Time 3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5

Concealed or Unknown Conditions, Claims for

3.7

Claims for Damages

3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6

Cleaning Up

3.15, 6.3

Commencement of Statutory Limitation Period

13.7

Commencement of the Work, Definition of

8.1.2

Communications, Owner to Architect

2.2.6

Communications, Owner to Construction Manager

2.2.6

Communications, Owner to Contractor

2.2.6

Communications Facilitating Contract

Administration

3.9.1, 4.2.6

COMPLETION, PAYMENTS AND

Completion, Substantial

4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7

Concealed or Unknown Conditions

3.7.4, 4.2.8, 8.3.1, 10.3

Conditions of the Contract

1.1.1

Consolidation or Joinder

15.4.4

CONSTRUCTION BY OWNER

CONTRACTORS

1.1.4, 6

Construction Change Directive, Definition of

7.3.1

Construction Change Directives

1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1

Construction Manager, Building Permits

2.2.2

Construction Manager, Communications through

4.2.6

Construction Manager, Construction Schedule

3.10.1, 3.10.3

CONSTRUCTION MANAGER

Construction Manager, Definition of

4.1.2

Construction Manager, Documents and Samples at the Site

3.11

Construction Manager, Extent of Authority

3.12.7, 3.12.8, 4.1.3, 4.2.1, 4.2.4, 4.2.5, 4.2.9, 7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4

Construction Manager, Limitations of Authority and

Responsibility

4.2.5, 4.2.8, 13.4.2

Construction Manager, Submittals

4.2.9

Construction Manager’s Additional Services and

Expenses

12.2.1

Construction Manager’s Administration of the

Contract 4.2, 9.4, 9.5

Construction Manager’s Approval

2.4, 3.10.1, 3.10.2

Construction Manager’s Authority to Reject Work

4.2.8, 12.2.1

Construction Manager’s Decisions

7.3.7, 7.3.9, 9.4.1, 9.5.1

Construction Manager’s Inspections

4.2.8, 9.8.3, 9.9.2

Construction Manager’s On-Site Observations

9.5.1

Construction Manager’s Relationship with Architect

1.1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4

Construction Manager’s Relationship with Contractor

3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4

Construction Manager’s Relationship with Owner

2.2.2, 4.2.1, 10.3.2

Construction Manager’s Relationship with Other

Contractors and Owner’s Own Forces 4.2.4

Construction Manager’s Relationship with

Subcontractors

4.2.8, 5.3, 9.6.3, 9.6.4

Construction Manager’s Site Visits

9.5.1

Construction Schedules, Contractor’s

3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2

Contingent Assignment of Subcontracts

5.4, 14.2.2.2

Continuing Contract Performance

15.1.3 Contract, Definition of

1.1.2

CONTRACT, TERMINATION OR

SUSPENSION OF THE

5.4.1.1, 11.3.9, 14

Contract Administration

3.1.3, 4.2, 9.4, 9.5

Contract Award and Execution, Conditions Relating to

3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1

Contract Documents, Copies Furnished and Use of

1.5.2, 2.2.5, 5.3 Contract Documents, Definition of

1.1.1

Contract Performance During Arbitration

15.1.3

Contract Sum

3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5

Contract Time

3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5

Contract Time, Definition of 8.1.1

CONTRACTOR

Contractor, Definition of

3.1.1

Contractor’s Construction Schedules

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2

Contractor’s Employees

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1

Contractor’s Liability Insurance

11.1

Contractor’s Relationship with Other Contractors and

Owner’s Own Forces

3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4

Contractor’s Relationship with Subcontractors

1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor’s Relationship with the Architect

1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1, 3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1

Contractor’s Relationship with the Construction

Manager 1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4

Contractor’s Representations

3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2

Contractor’s Responsibility for Those Performing the

Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8

Contractor’s Review of Contract Documents

3.2

Contractor’s Right to Stop the Work

9.7

Contractor’s Right to Terminate the Contract

14.1

Contractor’s Submittals

3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2

Contractor’s Superintendent

3.9, 10.2.6

Contractor’s Supervision and Construction

Procedures

1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3

Contractual Liability Insurance

11.1.1.8, 11.2, 11.3.1.5

Coordination and Correlation

1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1

Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11

Copyrights 1.5, 3.17

Correction of Work

2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2

Correlation and Intent of the Contract Documents

1.2 Costs

2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 13.5, 14

Cutting and Patching

3.14, 6.2.5

Damage to Construction of Owner or Other

Contractors

3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4

Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4

Damages, Claims for

3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.2.4, 15.1.6

Damages for Delay

6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5

Date of Commencement of the Work, Definition of

8.1.2

Date of Substantial Completion, Definition of 8.1.3

Day, Definition of 8.1.4 Decisions of the Architect

3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2

Decisions of the Construction Manager

7.3.7, 7.3.8, 7.3.9, 15.1, 15.2

Decisions to Withhold Certification

9.4.1, 9.5, 9.7, 14.1.1.3

Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2

Definitions

1.1, 2.1.1, 3.1.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.1.2, 7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1

Delays and Extensions of Time

3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5

Disputes

7.3.8, 7.3.9, 9.3, 15.1, 15.2

DISPUTES, CLAIMS AND

3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 15, 15.4

Documents and Samples at the Site

3.11

Drawings, Definition of

1.1.5

Drawings and Specifications, Ownership and Use 1.1.1, 1.5, 2.2.5, 3.11, 5.3

Duty to Review Contract Documents and Field

Conditions

3.2

Effective Date of Insurance

8.2.2, 11.1.2

Emergencies

10.4, 14.1.1.2, 15.1.4

Employees, Contractor’s

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1

Equipment, Labor, Materials and or

1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2

Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3

Extensions of Time

3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5

Failure of Payment

9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4

Faulty Work (See Defective or Nonconforming

Work)

Final Completion and Final Payment

4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1

Financial Arrangements, Owner’s

2.2.1

GENERAL PROVISIONS

Governing Law

13.1 Guarantees (See Warranty and Warranties)

Hazardous Materials

10.2.4, 10.3

Identification of Contract Documents

1.2.1

Identification of Subcontractors and Suppliers

5.2.1

Indemnification

3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7

Information and Services Required of the Owner

2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.3, 15.1.2

Initial Decision

15.2

Initial Decision Maker, Definition of

1.1.8

Initial Decision Maker, Extent of Authority

14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5

Injury or Damage to Person or Property

3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 11.1.1

Inspections

3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5

Instructions to Bidders

1.1.1 Instructions to the Contractor

3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2

Instruments of Service, Definition of

1.1.7, 1.5, 1.6

Insurance

6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, Insurance, Boiler and Machinery

11.3.2

Insurance, Contractor’s Liability

11.1

Insurance, Effective Date of 8.2.2, 11.1.2

Insurance, Loss of Use

11.3.3

Insurance, Owner’s Liability

11.2 Insurance, Property

10.2.5, 11.3

Insurance, Stored Materials

9.3.2, 11.3.1

INSURANCE AND BONDS

Insurance Companies, Consent to Partial Occupancy

9.9.1, 11.3.1.5

Insurance Companies, Settlement with 11.3.10

Intent of the Contract Documents

1.2, 4.2.18, 4.2.19, 7.4

Interest 9.7, 13.6

Interpretation

1.4, 4.2.8, 4.2.17, 4.2.18

Interpretations, Written

4.2.17, 4.2.18, 4.2.20

Joinder and Consolidation of Claims Required

15.4.4

Judgment on Final Award

15.4.2

Labor and Materials, Equipment

1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2

Labor Disputes

8.3.1

Laws and Regulations

3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1

Liens

2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8

Limitation on Consolidation or Joinder

15.4.4

Limitations, Statutes of

15.4.1

Limitations of Authority

3.12.4, 4.1.3, 4.2.16

Limitations of Liability

9.6.7, 11.1.1, 12.2 Limitations of Time

3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1

Loss of Use Insurance

11.3.3 Material Suppliers

1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1

Materials, Hazardous

10.2.4, 10.3

Materials, Labor, Equipment and

1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5, 10.2.1, 10.2.4, 10.3

Means, Methods, Techniques, Sequences and

Procedures of Construction 3.3.1, 3.12.10, 4.2.5, 4.2.11

Mechanic’s Lien

2.1.2, 15.2.8

Minor Changes in the Work

1.1.1, 3.12.8, 4.2.13, 7.1, 7.4

MISCELLANEOUS PROVISIONS

Modifications, Definition of

1.1.1

Modifications to the Contract

1.1.1, 1.1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1

Mutual Responsibility

6.2

Nonconforming Work, Acceptance of

9.4.3, 9.8.3, 12.3

Nonconforming Work, Rejection and Correction of

2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1, 11.1.1, 12.2.2.1, 12.2.3, 12.2.4, 12.2.5

Notice

1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2, 10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1

Notice of Claims

3.7.2, 10.2.8, 15.1.2, 15.4.1

Notice of Testing and Inspections

13.5.1, 13.5.2

Notices, Permits, Fees and

3.7, 7.3.7, 10.2.2

Observations, On-Site

3.2.1, 9.5.1, 12.1.1 Occupancy

2.2.2, 9.6.6, 9.9, 11.3.1.5

On-Site Inspections

4.2.2, 9.10.1, 9.4.4, 9.5.1

Orders, Written

4.2.7, 4.2.18, 4.2.20

Other Contracts and Contractors

1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2

OWNER

Owner, Definition of

2.1.1 Owner, Information and Services Required of the

2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1, 14.1.3, 15.1.3

Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5.2, 14.2, 14.3.1, 14.4, 15.2.7

Owner’s Financial Capability

2.2.1, 13.2.2, 14.1.1

Owner’s Liability Insurance

11.2

Owner’s Relationship with Subcontractors

1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2

Owner’s Right to Carry Out the Work

2.4, 12.2.4, 14.2.2

Owner’s Right to Clean Up

6.3

Owner’s Right to Perform Construction with Own

Forces and to Award Other Contracts 6.1

Owner’s Right to Stop the Work

2.3

Owner’s Right to Suspend the Work

14.3

Owner’s Right to Terminate the Contract

14.2

Ownership and Use of Drawings, Specifications and Other Instruments of Service

1.1.1, 1.1.5, 1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14, 4.2.18, 4.2.20

Partial Occupancy or Use

9.9, 11.3.1.5

Patching, Cutting and

3.14, 6.2.5

Patents and Copyrights, Royalties

3.17

Payment, Applications for

4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.7, 9.10.1, 9.10.3, 9.10.5, 11.1.3

Payment, Certificates for

4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 15.1.3

Payment, Failure of

9.4.1, 9.5, 9.7, 14.1.1.3

Payment, Final

4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1

Payment Bond, Performance Bond and

5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4

Payments, Progress

9.3.1, 9.4.2, 9.6

PAYMENTS AND COMPLETION

9, 14

Payments to Subcontractors

5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6 9.10.5, 14.2.1.2

PCB

10.3.1

Performance Bond and Payment Bond

5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4

Permits, Fees, Notices and Compliance with Laws

2.2.2, 3.7, 7.3.7.4, 10.2.2

PERSONS AND PROPERTY, PROTECTION OF

Polychlorinated Biphenyl

10.3.1

Product Data, Definition of

3.12.2

Product Data and Samples, Shop Drawings

3.11, 3.12, 4.2.9, 4.2.10, 4.2.14

Progress and Completion

8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6

Progress Payments

9.3.1, 9.4.2, 9.6

Project, Definition of

1.1.4

Project Representatives

4.2.16

Property Insurance

10.2.5, 11.3

Project Schedule

3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4

PROTECTION OF PERSONS AND PROPERTY

Regulations and Laws

1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1, 15.2.8, 15.4

Rejection of Work

3.5, 4.2.8, 12.2.1

Releases of and Waivers and of Liens

9.10.2

Representations

1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1

Representatives

2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1

Requests for Information

4.2.20

Resolution of Claims and Disputes

Responsibility for Those Performing the Work

3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 10

Retainage

9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3

Review of Contract Documents and Field

Conditions by Contractor

1.2.2, 3.2, 3.7.3, 3.12.7

Review of Contractor’s Submittals by Owner, Construction Manager and Architect

3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2

Review of Shop Drawings, Product Data and Samples by Contractor

3.12.5

Rights and Remedies

1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4

Royalties, Patents and Copyrights

3.17

Rules and Notices for Arbitration

15.4

Safety of Persons and Property

10.2, 10.3, 10.4

Safety Precautions and Programs

3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4

Samples, Definition of

3.12.3

Samples, Shop Drawings, Product Data and

3.11, 3.12, 4.2.9, 4.2.10

Samples at the Site, Documents and

3.11

Schedule of Values

9.2, 9.3.1

Schedules, Construction

3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Separate Contracts and Contractors

1.1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2

Shop Drawings, Definition of

3.12.1

Shop Drawings, Product Data and Samples

3.11, 3.12, 4.2.9, 4.2.10, 4.2.14

Site, Use of

3.13, 6.1.1, 6.2.1

Site Inspections

3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5

Site Visits, Architect’s

3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5

Special Inspections and Testing

4.2.8, 12.2.1, 13.5

Specifications, Definition of

1.1.6

Specifications

1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14

Staffing Plan

4.2.3

Statute of Limitations

12.2.5, 13.7, 15.4.1.1

Stopping the Work

2.3, 9.7, 10.3, 14.1

Stored Materials

6.2.1, 9.3.2, 10.2.1.2, 10.2.4

Subcontractor, Definition of

5.1.1

SUBCONTRACTORS

Subcontractors, Work by

1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7

Subcontractual Relations

5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2

Submittals

3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10, 4.2.11, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3

Submittal Schedule

3.10.2, 3.12.5, 4.2.9, 4.2.10

Subrogation, Waivers of

6.1.1, 11.3.7

Substantial Completion

8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7

Substantial Completion, Definition of

9.8.1

Substitution of Subcontractors

5.2.3, 5.2.4

Substitution of Architect

4.1.4

Substitution of Construction Manager

4.1.4

Substitutions of Materials

3.4.2, 3.5, 7.3.8

Sub-subcontractor, Definition of

5.1.2

Subsurface Conditions

3.7.4

Successors and Assigns

13.2

Superintendent

3.9, 10.2.6

Supervision and Construction Procedures

1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.3.3, 10, 12, 14, 15.1.3

Surety

5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7

Surety, Consent of

9.10.2, 9.10.3

Surveys

1.1.7, 2.2.3

Suspension by the Owner for Convenience

14.3

Suspension of the Work

5.4.2, 14.3

Suspension or Termination of the Contract

5.4.1.1, 14

Taxes

3.6, 3.8.2.1, 7.3.7.4

Termination by the Contractor

14.1, 15.1.6

Termination by the Owner for Cause

5.4.1.1, 14.2, 15.1.6

Termination by the Owner for Convenience

14.4

Termination of the Contractor

14.2.2

TERMINATION OR SUSPENSION OF THE

CONTRACT

Tests and Inspections

3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.5

TIME

Time, Delays and Extensions of

3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 14.3.2, 15.1.5, 15.2.5

Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5, 13.7, 14, 15

Time Limits on Claims

3.7.4, 10.2.8, 13.7, 15.1.2

Title to Work

9.3.2, 9.3.3

Transmission of Data in Digital Form

1.6

UNCOVERING AND CORRECTION OF

WORK

Uncovering of Work

12.1

Unforeseen Conditions, Concealed or Unknown

3.7.4, 8.3.1, 10.3

Unit Prices

7.3.3.2, 7.3.4 Use of Documents

1.1.1, 1.5, 2.2.5, 3.12.6, 5.3

Use of Site

3.13, 6.1.1, 6.2.1

Values, Schedule of

9.2, 9.3.1

Waiver of Claims by the Architect

13.4.2

Waiver of Claims by the Construction Manager

13.4.2

Waiver of Claims by the Contractor

9.10.5, 13.4.2, 15.1.6

Waiver of Claims by the Owner

9.9.3, 9.10.3, 9.10.4, 12.2.2.

Waiver of Consequential Damages

14.2.4, 15.1.6

Waiver of Liens

9.10.2, 9.10.4

Waivers of Subrogation

6.1.1, 11.3.7

Warranty

3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2

Weather Delays

15.1.5.2 Work, Definition of

1.1.3

Written Consent

1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13.4.2, 15.4.4.2

Written Interpretations

4.2.17, 4.2.18

Written Notice

2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1

Written Orders

1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2

ARTICLE 1 GENERAL PROVISIONS

§ 1.1 Basic Definitions § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents consist of:

a) Agreement between the Contractor and Owner, A132-2009.

b) All Drawings, Specifications, and addenda thereto issued by the Architect prior to the submittal of sealed bids.

c) General Conditions, AIA A232-2009

d) All Bidding Documents, including, but not limited to Bid advertisement, Invitation to Bid, Instructions to

Bidders, Sample Forms, Addenda, and the Contractor’s Bid,

e) drawings and specifications detailed in the Project Manual prepared by _________________Architects.

f) Contract Documents listed in the Project Manual

g) Contract documents listed in AIA Document A132-2009, Agreement between Owner and Contractor.

h) Exhibit A Determination of the Cost of the Work.

Modifications to the Contract may only be made by (1) a written amendment to the Contract signed by both parties;

(2) a Change order; (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect.

§ 1.1.2 The Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract

Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the

Architect or the Architect’s consultants, (2) between the Owner and the Construction Manager or the Construction

Manager’s consultants, (3) between the Owner and the Architect or the Architect’s consultants, (4) between the

Contractor and the Construction Manager or the Construction Manager’s consultants, (5) between the Owner and a

Subcontractor or Sub-subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties.

The Contract shall be governed by the laws of New Jersey.

§ 1.1.2.1 Affirmative Action: The parties to this Contract agree to incorporate into this contract the mandatory language of subsection 3.4(a) of the regulations promulgated by the Treasurer pursuant to PL 1975, Chapter I 27 as amended and supplemented from time to time, and the Contractor agrees to comply fully with the terms, provisions and obligations of said subsection 3.4(a) provided that said subsection shall be applied subject to the terms of subsection 3.4(a) of said regulations. Contractor shall include such requirements in its Subcontracts for the Project.

§ 1.1.2.2 The parties to this contract agree to incorporate into this contract the mandatory language of subsection

7.4(a) and (b) of the regulations promulgated by the Treasurer pursuant to PL 1975, Chapter 127 as amended and supplemented from time to time, and the contractor and subcontractor agrees to comply fully with the terms, provisions and obligations of subsection 7.4(a) and (b).

§ 1.1.3 The Work. The Contractor acknowledges that the Work includes all labor, materials, equipment, and services necessary, associated, and/or incidental to completing the work of the Project as required by the Contract

Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

The Work may be completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

§ 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the

Owner’s own forces, including persons or entities under separate contracts not administered by the Construction

Manager.

§ 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

§ 1.1.5.1 The Drawings are generally diagrammatic and indicative of the work to be installed. Should it be found that any system or equipment cannot be installed as shown on the Drawings, the Architect shall be consulted before installing or making changes to the layout.

§ 1.1.5.2 No measurement of a Drawing by scale shall be used as a working dimension. Working measurements shall be taken or calculated from the noted dimensions and through coordination with the work of all other contractors.

§ 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for procurement requirements, general requirements, materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants and other entities providing professional services under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 1.1.8 Initial Decision Maker. The Initial Decision Maker is the Architect and is the person identified in the

Agreement to render initial decisions on Claims in accordance with Section 15 and certify termination of the

Agreement under Section 14.2.2.

§ 1.1.9 Project Manual. The Project Manual is the volume(s) assembled for the Work which include the bidding requirements, sample forms, contracting requirements (e.g. Conditions of the Contract) and Specifications.

§ 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Any work shown on the Drawings and not specifically described in the Specifications, or vice-versa, or any Work evidently necessary to complete the Contract, shall be included in the Contractor’s Bid and the

Contract. The Contractor shall provide a Bid which shall provide for a complete project and all items shown on the

Drawings or implied on the Drawings shall be also included in the Bid Price and the Contract.

§ 1.2.1.1 Precedence Among Contract Documents. In the event of an unresolvable conflict between the Contract

Documents, interpretations will be based on the following order of precedence, with the highest listed first:

.1 Change Orders issued subsequent to the execution of the Owner-Contractor Agreement;

.2 Bulletins as issued by the Architect to clarify the scope of Work, submittal approvals, and/or other minor issues;

.3 Owner-Contractor Agreement (A132 Agreement);

.4 Addenda issued related to the Bid;

.5 Supplementary Conditions;

.6 General Conditions (A232)

.7 Specifications

.8 Drawings.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings by general category or designation shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade, nor shall it release Contractor from performing all work reasonably related to or indicated for this Contract, even if such work is indicated on documents that primarily indicate work to be performed by other contractors or trades.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Current editions are intended wherever reference is made in the Contract Documents to specifications or standards of the

American Society for Testing and Materials, American Concrete Institute or similar organizations. The Contractor shall have at the Project Site a copy of any particular specification or standard that by reference has been incorporated in and made a part of the Contract Documents.

§ 1.2.4 Where the words "shown" or "shown on drawings" are used in specifications, they shall be construed to mean

"noted", "indicated", "scheduled", "detailed", or any other diagrammatic or written referenced made on the

Drawings.

§ 1.2.5 The use of the words "provide" or "provided" is intended to mean "furnish(ed)" and/or "connect(ed)", unless specifically indicated otherwise in the specification.

§ 1.2.6 Where the words "equal" or "equivalent" are used, each shall be construed to mean being same in value, measure, force, affect or significance and corresponding in position and function subject to the approval of the

Architect.

§ 1.2.7 Unless otherwise specified, the terms "approved" or "approval" mean approval of the Architect and

Construction Manager.

§ 1.2.8 The terms "specification" or "specifications" shall mean all matter contained in the bound volume so entitled and related documents thereto.

§ 1.2.9 The terms "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirements, permission, order, designation or prescription of the Architect and

"approved", "acceptable", "satisfactory", and words of like import shall mean approved by or acceptable or satisfactory to the Architect and "necessary", "reasonable", "proper", "correct", and works of like import shall mean necessary, reasonable, proper, or correct, in the judgment of the Architect and Construction Manager.

§ 1.2.10 The term "Work" as used herein refers to Work normally done at the location of the project or to that done in shops remote from the site and includes all plant, labor, materials, supplied, equipment and other facilities and things necessary or proper for or incidental to the carrying out and completion of the terms of the Contract

Documents.

§ 1.2.11 If, in the Specifications, a material or item is described or called for as if in the singular, or, on the

Drawings, the construction is indicated only in part or portion, it shall be presumed and understood as applying to other like or similar items or materials or construction in such quantity or number, as is obviously intended by those documents or is obviously required to make that part of the Work satisfactorily complete and functional.

§ 1.2.12 Latest or current editions are intended wherever reference is made in the Contract Documents, to specifications, or standards of the American Society for Testing and Materials, American Concrete Institute or similar organizations. Upon the Construction Manager's direction, the Contractor shall have at the Project site a copy of any particular specification or standard that by reference has been incorporated in and made a part of the

Contract Documents.

§ 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.5 Ownership and Use of Drawings, Specifications and Other Instruments of Service The Drawings, Specifications and other documents prepared by the Architect for this project are the Property of the

Owner, Ocean County College, and the Architect, and are instruments through which the Work to be executed by the Contractor is described.

§ 1.6 Transmission of Data in Digital Form If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. Hard/ paper copies of all Contractor submittals shall also be provided to the Construction Manager.

ARTICLE 2 OWNER

§ 2.1 General § 2.1.1 The Owner is Ocean County College. The term "Owner" means the Owner or the Owner’s authorized representative.

§ 2.2.6. The Owner shall endeavor to forward all communications to the Contractor through the Construction

Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents.

§ 2.3 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the

Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. If such a written order to stop work is issued, the Contractor shall not be entitled for additional monies or time should the written order impact the project schedule. For the purposes of this paragraph the Architect and/or the Construction Manager are specifically empowered to sign a stop work order as described in this paragraph. The Owner’s right to stop the Work shall not relieve the Contractor of responsibilities under or pursuant to the Contract Documents.

§ 2.4 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ( 5) five business day period after receipt of written notice from the Owner, Architect or Construction

Manager to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate

Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Construction Manager’s and

Architect’s and their respective consultants’ additional services made necessary by such default, neglect or failure.

Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

§ 2.4.1 If, in the opinion of the Construction Manager, work to be corrected by the Owner is judged to be critical or time critical, the Construction Manager, will inform in writing the Owner, Architect and Contractor of the crucial nature of the work and the five-business day period noted in Article 2.4 will be reduced to three (3) calendar days.

ARTICLE 3 CONTRACTOR

§ 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the

Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the

Contractor or the Contractor’s authorized representative.

§ 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract

Documents either by activities or duties of the Construction Manager or Architect in their administration of the

Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.1.5 No subletting of the award, or assignment of moneys due or to become due, shall be made without written consent of the Owner.

§ 3.1.6 The Owner, Architect, or Construction Manager shall not be responsible for the acts, errors or omissions of the Contractor.

§ 3.2.1 If any errors, inconsistencies or omissions appear in the Drawings, Specifications, or the Contract

Documents, which should reasonably have been discovered and concerning which interpretation had not been obtained during the Bidding Period, the Contractor shall within ten (10) calendar days after receiving written "Letter of Intent or Notice to Proceed" notify the Architect in writing of such error, inconsistency or omission. In the event the Contractor fails to give such notice, he will be responsible for the results of any such errors, inconsistencies or omissions and the cost of rectifying same. The Architect shall make interpretations of this procedure and his decision will be final.

Figured dimensions shall always take precedence over scale measurements and dimensions given at full size or large-scale details shall take precedence over smaller scaled measurements. Discrepancies shall be referred to the

Architect in writing for adjustments before any work affected thereby has been performed. Contractor shall check and verify all measurements on project, shall be responsible for their corrections and fit, and make work in conformity with same.

Where compliance with two (2) or more industry standards or sets of requirements is specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is generally recognized to be the most costly) is intended and will be enforced. Refer apparently–equal but-different requirements, and uncertainties as to which level of quality is more stringent, to

Architect in writing for a decision before proceeding. These may be shown on any plan, partial plan, in the Project

Manual or in any Addenda.

§ 3.2.1.1 It is the obligation of the Contractor to ascertain for himself all the facts concerning conditions to be found at the location of the Project, to fully examine the Plans and read the Specifications, to consider fully these and all other matters which can in any way affect the work under this Contract and to make the necessary investigations relating thereto, and he agrees to this obligation in the signing of the Contract. Neither the Owner nor its agents assume any responsibility whatsoever with respect to ascertaining for the Contractor such facts concerning physical characteristics at the site of the Project.

§ 3.2.1.2 It is the obligation of the Contractor to make his own investigations of subsurface conditions prior to submitting his Proposal. Borings, test excavations and other subsurface investigations, if any, made by the Owner or its agents prior to the construction of the Project, the records of which may be available to Contractor, are made for use as a guide for design. Any estimate or estimates of quantities shown on the Plans or in the form of proposal, based on said borings, test excavations and other subsurface investigations, are in no way warranted to indicate the true quantities.

§ 3.2.1.3 The Contractor acknowledges that it has familiarized itself with the nature and location of the work, the configuration and conditions of the site and of any existing structure, and the character of equipment and facilities required for the performance of the work. The Contractor further acknowledges that it has familiarized itself with the character, quality and quantity of surface and subsurface materials and/or obstacles to be encountered during the performance of this Contract. Any extra work occasioned by the Contractor's failure so to familiarize itself as described above shall be performed at no cost to the Owner.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. The Contractor shall promptly report to the Construction Manager and Architect any errors, omissions, or inconsistencies discovered by or made known to the Contractor as a request for information to the Construction Manager in such form as the Construction Manager and Architect may require.

§ 3.2.4 Where the word "similar" occurs on the drawings it shall be used in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection to other parts of the work. Where on any drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to other like portions of the Work. Where detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs, and shall also apply to all other similar parts in the Work unless otherwise indicated. The drawings are intended to show the general arrangement, design, and extent of the Work and are partly diagrammatic. Dimensions given at full-size or large-scale details shall take precedence over smaller scaled measurements. Discrepancies shall be referred to the Architect in writing for adjustments before any work affected thereby has been performed.

§ 3.2.5 Where the Architect must prepare responses to Contractor’s “Requests for Information" (RFI’s), where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information. Contractor-prepared coordination drawings, or Project correspondence or documentation, the Owner will back-charge the Contractor for all costs associated with the additional Contract Administration Services provided by the Architect.

§ 3.2.6 Contractor shall locate benchmarks and establish primary lines and levels. Contractor shall be responsible for layout, grades, elevation and lines specifically relating to his work. Contractor will verify all grades, elevations, lines, levels and dimensions shown on the drawings, and report any discrepancies or inconsistencies in the above in writing to the Architect and Construction Manager before commencing work. Contractor shall carefully protect and maintain benchmarks, surveyor’s stakes, etc. from displacement or removal. Contractor shall perform this work in an orderly and timely manner without delay.

§ 3.2.7 Contractor shall take his own measurements at the site verifying same with the drawings and with the construction in progress and will be held responsible for the proper fit of completed work in position.

§ 3.2.8 All work shall be in accordance with the Contract Documents and specifications. Noncompliance shall result in rejection of the Work.

§ 3.2.9 Contractor shall determine with the Architect and Construction Manager, prior to ordering materials, that location which will be suitable for delivery and storage of materials and equipment. This is dependent upon availability of space. All materials and equipment shall be kept in a secure area or removed from the job site when work is not actually in progress.

§ 3.2.10 The Contractor shall be responsible for the condition of the buildings and shall at all times make adequate provisions to protect and secure the building, adjacent work and materials. He shall replace or put in good condition anything damaged in carrying on the work, and keep the premises free of all unauthorized or objectionable persons.

At the completion of the work, all surplus materials, equipment, and debris shall be removed from the premises.

§ 3,2,11 Where compliance with 2 or more industry standards or sets of requirements is indicated on drawings or specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is generally recognized to be the most costly) is intended and will be enforced. Refer apparently-equal-but-different requirements, and uncertainties as to which level of quality is more stringent, to Architect/Engineer in writing for a decision before proceeding. These may be shown on any plan, partial plan, in the Project Manual or in any Addenda.