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§ 13.4 Tests and Inspections
<br />§ 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract
<br />Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public
<br />authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and
<br />approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
<br />authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect
<br />timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
<br />procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after
<br />bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or
<br />approvals where building codes or applicable laws or regulations so require.
<br />§ 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require
<br />additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written
<br />authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or
<br />approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when
<br />and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs,
<br />except as provided in Section 13.4.3, shall be at the Owner's expense.
<br />§ 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the
<br />portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by
<br />such failure, including those of repeated procedures and compensation for the Architect's services and expenses, shall
<br />be at the Contractor's expense.
<br />§ 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract
<br />Documents, be secured by the Contractor and promptly delivered to the Architect.
<br />§ 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the
<br />Architect will do so promptly and, where practicable, at the normal place of testing.
<br />§ 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
<br />unreasonable delay in the Work.
<br />§ 13.5 Interest
<br />Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the
<br />parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where
<br />the Project is located.
<br />ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
<br />§ 14.1 Termination by the Contractor
<br />§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through
<br />no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons
<br />or entities performing portions of the Work, for any of the following reasons:
<br />.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be
<br />stopped;
<br />.2 An act of government, such as a declaration of national emergency, that requires all Work to be
<br />stopped;
<br />.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the
<br />reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
<br />payment on a Certificate for Payment within the time stated in the Contract Documents; or
<br />.4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.
<br />§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a
<br />Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work,
<br />repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute
<br />in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any
<br />365-day period, whichever is less.
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