-6-
22.2 The Contract Sum and Contract Time may be changed
only by Change Order.
22.3 The cost or credit to the Purchaser from a Change
in the Work shall be determined by mutual agreement.
ARTICLE TWENTY THREE -- CORRECTION OF WORK
MONA BUILDERS & DEVELOPERS, INC. shall correct any Work
that fails to conform to the requirements of the Con-
tract Documents where such failure to conform appears
during the progress of the Work, and shall remedy any
defects due to faulty materials, equipment or workman-
ship which appear within a period of one year from the
Date of Substantial Completion of the Contract or
within such longer period of time as may be prescribed
by law or by the terms of any applicable special guar-
antee required by the Contract Documents. The provi-
sions of the Article Twenty Three apply to Work done by
Subcontractors as well as to Work done by direct em-
ployees of MONA BUILDERS & DEVELOPERS, INC.
* * * * * * *
ARTICLE TWENTY FIVE -- TERMINATION BY THE PURCHASER
If MONA BUILDERS & DEVELOPERS, INC. defaults or ne-
glects to carry out the Work in accordance with the
Contract Documents or fails to perform any major provi-
sions of the Contract, the Purchaser may, after seven
days written notice to MONA BUILDERS & DEVELOPERS,
INC., and without prejudice to any other remedy he may
have, make good such deficiencies and may deduct the
cost thereof from the payment then or thereafter due
MONA BUILDERS & DEVELOPERS, INC. or, at his option, may
terminate the Contract.
At a time not disclosed by the record after petitioner and
Ms. Davis executed the custom house contract, Mona Builders began
construction of the house (custom house) described in that
contract. Mona Builders obtained certain insurance policies from
State Auto Property & Casualty Insurance Company (State Auto) in
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Last modified: May 25, 2011