AG 2005 12 19 - Laserfiche WebLink

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any subcontractor, equipment or material supplier, then it shall submit its reasons for disapproval in writing to the Owner for its consideration with a copy to the CM. If the Owner concurs with the Architect's recommendation, the CM shall submit a substitute for approval. The Architect shall act promptly in the approval of material and equipment suppliers and when approval is given, no changes will be permitted except for cause or reason considered justifiable to the Architect. WW. The Architect will furnish to any subcontractor, upon request, evidence regarding amounts of money paid to the CM on account of the subcontractor's Work. XX. The CM is and remains fully responsible for his own acts or omissions as well as those of any subcontractor or of any employee of either. The CM agrees that no contractual relationship exists between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on this Work as an agent or employee ofthe CM. YY. The CM shall place in the subcontract those provisions required by the Contract Documents and by State law. ZZ. To the fullest extent allowed by law, contractor shall indenmify and save Owner harmless from injury or damage, including reasonable attorneys' fees, arising out ofa default by any subcontractor with whom or through whom the CM contracts. ARTICLE 15 - CONSTRUCTION MANAGER AND SUBCONTRACTOR RELATIONSHIPS AAA, The CM agrees that the terms of these Contract Documents shall apply equally to each subcontractor as to the CM, and the CM agrees to take such action as may be necessary to bind each subcontractor to these terms. The CM further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to CM -subcontractor relationships, and that payments to subcontractors shall be made in accordance with the provisions of N.C. Gen. Stat. S 143-134.1 titled: "Interest on fmal payments due to prime contractors: payments to subcontractors. " BBB. The balance due the CM shall be paid in full within 45 days after the Work of the respective prime contracts of the project have been accepted by the Owner, certified by the Architect to be completed in accordance with terms of the plans and specifications, or occupied by the Owner and used for the purpose for which the project was constructed, whichever occurs first. Provided, however, that whenever the Architect or consulting engineer in charge ofthe project determines that delay in completion of the project in accordance with terms of the plans and specifications is the fault of the CM, the project may be occupied and used for the purposes for which it was constructed without payment of any interest on amounts withheld past the 45 day limit and such funds may be withheld to cover any liquidated damages or other claims as is described in Article 29. Should fmal payment to the CM beyond the date such contracts have been certified to be completed by the Architect, accepted by the Owner, or occupied by the Owner and used for the purposes for which the project was constructed, be delayed by more than 45 days, said CM shall be paid interest, beginning EE:00049966. -9- F-4-