Arch/Structural specs for cabana,pool,hot tub areas

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tConstruction Contract GENERAL CONDITIONS , B. IQo action or failure to act by the awner or any agent or employee of the Owner(including the Owner's Representative)shall constitute a waiver of any right or duty afforded it under the Contract Documents,nor shall any such action or failure to act constitute approval of or acquiescence in any breach thcreunder,except ac specifically agreed to in writing. The performance of any inspections or tesis,or the omission of any iaspections or tests,or a decision not to p�rform any inspection or test,by the Owner or any agent,employee or consultant of the Ovmer,shalt not be a waiver of any ofthe Contractofs obligations hereunder ' and shall not be construed as an approval or acceptance of the Work os any part thereo£ No payment to the Contractor(including Final Payment)or approval or acceptance by the Ownca of any Work shall constitute a 5na1 acceptance of such Work if it is later discovered that such Work was not perfoRned in accordance with the requirements of the Contract Documents. 41. PERFORMANCE BOND AND LABOR MAT�RiAI.PAYA4EPiT BOND � The Owner shall have the right to irquire the Contractor to fwnish at its sole discretion separate Perfo�mance and Labor and Material Bonds,in the form Exhibits G and H. These bonds shall cover the faithfut performance of the ConVactor's obligations hereunder and the payment of all obligations which arise hereunder at ' any time prior to or during the course of construction. Such bonds shall be made out for one hundred percent(100%)of the ConUract Sum. If the Contract Sum is increased under the terms hereof,the Contractor shall obtain a corresponding increase in the coverage of such bonds. The wst af these bonds will be paid by the Owner. Any premium surcharge in the cost of providing these bonds is to be paid by the Contrector. All dividends accruing on these bonds shall be paid by the Contractor to the Owner. ' 42. OWINERSHIP ANb 13SE OF DOCUMENTS All drawings,Project Plans and Spec'sfications,or other documentation,and copies thereof,furnished by the Owner or any agent,employee or cnnsultant ofthe Owner, or architect,are and shall remain the property ofthe Owner. They aze to be used only wiih respect to this Project and are not to be used on any ott�er project. wth ' the exception of one contcact set for the Contractor,such documents fumished to the Contractor aze to be returned or suitably accounted for to the Owner on request at the completion of the Work. 43. CUTTING AND PATCIiING OF WORK , A. The Conhactor shall be responsible for aU cutting,fitting or patching that may be required to complete the Work or to make its several pazts fit together propefly. ' B. The Contractor shall not damage or endanger any portion of ihe Work or the Work of the Owner or of any separaze contractor by cutting, patching or otherwise altering any Work,or by excavation.The Contractor shall not cut or otherwise alter the Work ofthe Owner or ofany separate conUactor,except with the written consent of the Owner and of such separate conuractor. The Contractor shall not unre�onably withhold fmm the Owmer or from any separate contractor his consent to cumng or othennse altering the Work. ' 44. OWNER-FURNISHED MATERIAL The Owna reserves the right to procure certsin materials for the Contractor's use on the Project,as designated by the Owner.The Conuractor shall provide the Owner with proposed quanti6es ofsuch materials.The Owner will review the Contractor's proposal and then the Contractor and Qwnerwill mutually agee on the quantities ' suH'icieirt to complete the Project Upon such agreamen�the Contractor shall cextify in writing that the agreed upon quantities are sufficient to complete ihe Proj ect. If additional quantides of materials are required to complete the Project,through no fault of the Owner,such excess qvantities of materials will be provided by the Ovmer at the Contraetor's expense. The Owner shall have the right to direct the Camactor to procure any additional materiais. If the Contractor fails to do so,the Ownec sha11 procure the materials and bill the Contractor. TI►e Contractor witl be required to pay all necxssary shipping,handling and air-freight ch�to ensure ' timely deliveay of such addiHonal materia�s. 45. IVIISCELLANEOUS A. The Contract Documents shall be consnued in accordance with the(aws of the state in which the Project is located, ' B. If any of the provisions of the Coniraci Documents shal!contravene or be invalid under sach laws,sach contravention or invalidity shall not invalidate the whole Contract or any other provision contained within the Contract Documents,but the Contract Documents shall be construed as if not oontaining 16e provision held w be invalid,and the rights and obligations of the parties shaEl be enforced accordingfy. , C. The captions ofParagaphs and various Subpmagraphs in the Contract Documents are inserted only as a matter ofconvenience and forreference and in no way define,limit or describe tt►e scope of any Paragraph or Subparagraph herein. ' D. Words of any gender used in the Contrad Documents shall be held ro inclvde any other gender,and words used in the singular shall be held to include the plural,when the sense requires. E. All provisions of the Conhact Documents which by their terms require perfomtance by either the Owner or the ContracWr aRer lermination ' of ffiis Contract shall survive any such temiination. F. Any and all disputes arising hereunder sha31 be resolved hy the courts of competent jurisdictiort located in the state in which the Project is located. ' ' co�.me 00810-20 , 20