4.10 SR 10-16-2023 - Laserfiche WebLink

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East Fiber Extension Elk River, Minnesota 27.4The Engineer shall promptly make decisions relative to interpretations of the Contract Documents. 28. Land and Rights-Of-Way 28.1 Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. 28.2 The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 28.3 The Contractor shall provide at its own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. 29. Guarantee 29.1 The Contractor shall guarantee all materials and equipment furnished and work performed for a period of two (2) years from the date of substantial completion. The Contractor warrants and guarantees for a period of two (2) yearsfrom the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of the damage of other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 30. Arbitration 30.1 All claims, disputes and other matters in question arising out of, or relating to, the contract documents or the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Section 20, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association provided that the Owner and the Contractor mutually agree by separate instrument to arbitrate such claims, disputes and matters in question. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 30.2 Notice of the demand for arbitration shall be filed in writing with the Owner party to the Contract Documents and with the American Arbitration Association and a copy shall be filed with the Engineer. Demand for arbitration shall in no event be made on any claim, dispute, or other matter in question which would be barred by the applicable statue of limitations. 00700 - 18 General Conditions