Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: KENNETH MICHAEL TUMLIN, D/B/A GREAT SOUTHERN CONTRACTORS, INC.
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jan. 04, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 2, 2010.
Latest Update: Dec. 25, 2024
FILED
‘Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK Brandon Nichols
11/13/2009
STATE OF FLORIDA
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, }O Hoo >
Petitioner,
vs. Case No. 2007-049162
KENNETH MICHAEL TUMLIN,
D/B/A GREAT SOUTHERN
CONTRACTORS, INC.,
Respondent .
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, (“Petitioner”), files this Administrative Complaint
before the Construction Industry Licensing Board, against
KENNETH MICHAEL TUMLIN, d/b/a GREAT SOUTHERN CONTRACTORS, INC.,
("Respondent"), and says:
i. Petitioner is the state agency charged with regulating
the practice of contracting pursuant to Section 20.165, Florida
Statutes, and Chapters 455 and 489, Florida Statutes.
2. Respondent is, and has been at all times material
hereto, a Certified Building Contractor in the State of Florida,
License number CBC 28108, which is in current and active status.
3. Respondent's addresses of record which are currently
on file with Petitioner are 673 Saranal Drive, Winter Springs,
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Florida 32789 and 807 South Orlando Avenue Suite R, Winter Park,
Florida 32789.
4. At all times material hereto, Respondent was doing
business as Great Southern Contractors, Inc., (*GSC”).
5. At all times material hereto, Respondent was the
primary qualifying agent for GSC.
6. Section 489.1195(1) (a), Florida Statutes, provides
that all primary qualifying agents for a business organization
are jointly and equally responsible for supervision of all
operations of the business organization; for all field work at
all sites; and for financial matters, both for the organization
in general and for each specific job.
7. At all times material hereto, Respondent was the
President and Director of GSC.
8. At all times material hereto, the Vice President of
GSC was Elaine Tumlin, who is the legal wife of Respondent.
9. At all times material hereto GSC was a construction
qualified business in the State of Florida, having been issued
license number QB 16226.
10. At all times material hereto, GSC was a Florida for
Profit Corporation, having been issued document number
P93000073341 and Federal Employer Identification number
593206601.
11. On or about September 7, 2005, Respondent, d/b/a GSC,
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entered an agreement, (“Contract 1”), with Bishop Duncan
Investments, LLC, (“Complainant”). A true and correct copy of
Contract 1 as executed on September 7, 2005 is attached as
Exhibit “A”.
12. The scope of work under Contract 1 included the
construction of the Shoppes at Lee Road, Buildings A & C,
located at 4110 Lee Road, Orlando, Florida, 32801.
13. As executed on September 7, 2005, Contract 1 totaled
$1,970,491, of which Respondent has accepted full payment.
14. On or about September 7, 2005, Respondent, d/b/a GSC,
entered into an agreement, (“Contract 2”), with Complainant. A
true and correct copy of Contract 2 as executed on September 7,
2005 is attached as Exhibit “B”,
15. The scope of work under Contract 2 included the
construction of the Shoppes at Lee Road, Amscott Building,
located at 4110 Lee Road, Orlando, Florida, 32801.
16. As executed on September 7, 2005, Contract 2 totaled
$413,312, of which Respondent has accepted full payment.
FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER
21, WHICH WAS INCLUDED IN PAY APPLICATION 9
17. Under Contract 1, on or about May 22, 2006, Respondent
submitted to Complainant, change order 21, ("CO 21”), in the
amount of $8,076, for “the installation of 2” PVC water main
pipes”. A true and correct copy of CO 21 is attached as Exhibit
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“Cc”.
18. CO 21 jaincluded an invoice allegedly from _ sub-
contractor Robbins Plumbing, Inc. in the amount of $7,200.
19. Respondent fraudulently fabricated or altered, or in
the alternative Respondent ordered or directed employees of GSC
to fabricate or alter the face of the Robbins Plumbing invoice
by increasing the price quoted from $1,620 to $7,200.
20. True and correct copies of the original Robbins
Plumbing invoice along with the altered version of the invoice
are attached collectively as Exhibit “D”.
21. On or about June 25, 2006, Respondent submitted a
fraudulent application and certification for payment, (“Pay App.
9”), of $171,586.80, to Complainant, which included the amount
of the altered Robbins Plumbing invoice.
22. Included with Pay App. 9 was a fraudulent waiver and
release of lien signed by Respondent. True and correct copies of
the fraudulent Pay App. 9 as well as the fraudulent waiver and
release of lien are attached collectively as Exhibit “E”.
23. Upon reliance of the fraudulent Robbins Plumbing
invoice and corresponding CO 21 as well as the fraudulent Pay
App. 9 and corresponding waiver and release of lien, Complainant
was induced to issue a check to GSC in the amount of
$171,586.80. A true and correct copy of the check is attached as
Exhibit “F".
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COUNT ONE
24. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three as though fully
set forth herein.
25. Based on the foregoing, Respondent violated Section
489.129(1) (1), Florida Statutes, by committing fraud and deceit
in the practice of contracting.
COUNT TWO
26. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three as though fully
set forth herein.
27. Based on the foregoing, Respondent violated Section
489.129(1) (k), Florida Statutes, by signing a statement with
respect to a project or contract falsely indicating that the
work is bonded; falsely indicating that payment has been made
for all subcontracted work, labor and materials which results in
a financial loss to the owner, purchaser or contractor; or
falsely indicating that workers compensation and public
liability insurance are provided.
COUNT THREE
28. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three as though fully
set forth herein.
29. Section 455.227(1) (a), Florida Statutes, prohibits
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making misleading, deceptive or fraudulent representations in or
related to the practice of contracting.
30. Based on the foregoing, Respondent violated Section
489.129(1) (c), Florida Statutes, by violating Section
455.227(1) (a), Florida Statutes.
COUNT FOUR
31. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three as though fully
set forth herein.
32. Section 455.227(1) (m), Florida Statutes, prohibits
making deceptive, untrue or fraudulent representations in or
related to the practice of contracting or employing a trick or
scheme in. or related to the practice of contracting.
33. Based on the foregoing, Respondent violated Section
489.129(1) (c), Florida Statutes, by violating Section
455.227(1) (m), Florida Statutes.
COUNT FIVE
34. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three as though fully
set forth herein.
35. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
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FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDERS
31, 36 AND 46, WHICH WERE INCLUDED WITH PAY APPLICATION 15
36. Under Contracts 1 and 2, on or about June 16, 2006,
Respondent submitted to Complainant, change order 31, ("CO 31”),
in the amount of $7,630, for, “the installation of 6” sewer main
for Building C and Amscot,” including connection. A true and
correct copy of CO 31 is attached as Exhibit “G”.
37. CO 31 j%§dancluded an invoice allegedly from sub-
contractor Robbins Plumbing, Inc. in the amount of $6,800.
38. Respondent fraudulently fabricated or altered, or in
the alternative Respondent ordered or directed employees of GSC
to fabricate or alter.the face of the Robbins Plumbing invoice
by increasing the price quoted from $4,800 to $6,800.
39. True and correct copies of the original Robbins
Plumbing invoice along with the altered version of the invoice
are attached collectively as Exhibit “H”.
40. Under Contract i, on or about August 8, 2006,
Respondent submitted to Complainant, change order 36, (“CO 36”),
in the amount of $4,224, for “the changing of 32 sprinklers to
uprights on end suites to accommodate new ceiling architectural
changes”. A true and correct copy of CO 36 is attached as
Exhibit “I”.
41. CO 36 inceluded an invoice allegedly from sub-
contractor Delta Fire Sprinklers, Inc., in the amount of $3,840.
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42. Respondent fraudulently fabricated or altered, or in
the alternative Respondent ordered or directed employees of GSC
to fabricate or alter the face of the Delta Fire Sprinklers
invoice by increasing the price quoted from $3,040 to $3,840.
43. True and correct copies of the original Delta Fire
Sprinklers invoice along with the altered version of the invoice
are attached collectively as Exhibit “J”.
44. Under Contract 1, on or about October 31, 2006,
Respondent submitted to Complainant, change order 46, (“CO 46"),
in the amount of $18,034, for “making sanitary repairs for
incorrect elevations”. A true and correct copy of CO 46 is
attached as Exhibit “kK”.
45. CO 46 included an invoice allegedly from sub-
contractor C & C Site Development, Inc, in the amount of
$16,073.
46. Respondent fraudulently fabricated or altered, or in
the alternative Respondent ordered or directed employees of GSC
to fabricate or alter the face of the C & C Site Development
invoice by typing or copying incorrect and untrue scopes of work
and prices on to an existing C & C Site Development invoice
letterhead.
47. True and correct copies of an original C & C Site
Development invoice along with the altered version of the
invoice are attached collectively as Exhibit “L”.
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48. On or about December 31, 2006, Respondent submitted a
fraudulent application and certification for payment, ("Pay App.
15”), of $53,741 to Complainant, which included co 31,
containing the fraudulént Robbins Plumbing, Inc. invoice, CO 36
containing the fraudulent Delta Fire Sprinklers invoice and Co
46 containing the fraudulent C & C Site Development invoice.
49. Included with Pay App. 15 was a fraudulent waiver and
release of lien signed by Respondent. True and correct copies of
the fraudulent application and certification for payment as well
as the fraudulent waiver and release of lien are attached
collectively as Exhibit “mM”.
50. Under Contract 2, on or about October 31, 2006,
Respondent submitted application and certification for payment
number 10, (“Pay App. 10”), of $8,877 to Complainant. A true and
correct copy of Pay App. 10 is attached as Exhibit “N”.
51. As payment of Pay App. 10 and Pay App. 15, and upon
reliance of the corresponding waivers and releases of liens,
Complainant was induced to issue a check to GSC in the amount of
$62,619.55. A true and correct copy of the check is attached as
Exhibit “oO”.
COUNT SIX
52. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and thirty-six
through fifty-one as though fully set forth herein.
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53. Based on the foregoing, Respondent violated Section
489.129(1) (1), Florida Statutes, by committing fraud and deceit
in the practice of contracting.
COUNT SEVEN
54. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and thirty-six
through fifty-one as though fully set forth herein.
55. Based on the foregoing, Respondent violated Section
489.129(1) (k), Florida Statutes, by signing a statement with
respect to a project or contract falsely indicating that the
work is bonded; falsely indicating that payment has been made
for all subcontracted work, labor and materials which results in
a financial loss to the owner, purchaser or contractor; or
falsely indicating that workers compensation and public
liability insurance are provided.
COUNT EIGHT
56. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and thirty-six
through fifty-one as though fully set forth herein.
57. Section 455.227(1) (a), Florida Statutes, prohibits
making misleading, deceptive or fraudulent representations in or
related to the practice of contracting.
58. Based on the foregoing, Respondent violated Section
489.129(1) (c), Florida Statutes, by violating Section
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455.227(1) (a), Florida Statutes.
COUNT NINE
59. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and thirty-six
through fifty-one as though fully set forth herein.
60. Section 455.227(1) (m), Florida Statutes, prohibits
making deceptive, untrue or fraudulent representations in or
related.to the practice of contracting or employing a trick or
scheme in or related to the practice of contracting.
61. Based on the foregoing, Respondent violated Section
489.129(1) (c), Florida Statutes, by violating Section
455.227(1) (m), Florida Statutes.
COUNT TEN
62, Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and thirty-six
through fifty-one as though fully set forth herein.
63. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER
40, WHICH WAS INCLUDED WITH PAY APPLICATION 16
64. Under Contract 1, on .or about August 28, 2006,
Respondent submitted to Complainant, change order 40, ("CO 40”),
in the amount of $114,573, for “price increases in lime rock,
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asphalt and concrete”. A true and correct copy of CO 40 is
attached as Exhibit “Pp”.
65. CO 40 included an invoice allegedly from _ sub-
contractor Atlantic Site Development, Inc.
66. Respondent fraudulently fabricated or altered, or in
the alternative Respondent ordered or directed employees of GSC
to fabricate or alter the face of the Atlantic Site Development
invoice by increasing the price originally quoted by the sub
contractor for Base and paving work from $120,100, to $178,888.
67. True and correct copies of the original Atlantic Site
Development invoice along with the altered version of the
invoice are attached collectively as Exhibit “Q”.
68. On or about January 31, 2007, Respondent submitted a
fraudulent application and certification for payment, (“Pay App.
16”), (note, Respondent mislabeled the Pay App as Application
15), of $575,346.65 to Complainant, which included the amount of
the altered Atlantic Site Development invoice.
69. Included with Pay App. 16 was a fraudulent waiver and
release of lien, signed by Respondent. True and correct copies
of the fraudulent Pay App. 16 as well as the fraudulent waiver
and release of lien are attached collectively as Exhibit “R”.
70. Complainant discovered the fraud and refused to pay
Subject for Pay App. 16.
71. Upon Complainant’s refusal to pay Subject for Pay App.
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16, Subject filed a fraudulent claim of lien against
Complainant's property in the amount of $571,570.60, which
included the amount of the fraudulent Atlantic Site Development
invoice. A true and correct copy of the fraudulent claim of lien
is attached as Exhibit “S”.
COUNT ELEVEN
72. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and sixty-four
through seventy-one as though fully set forth herein.
73. Based on the foregoing, Respondent violated Section
489.129(1) (1), Florida Statutes, by committing fraud and deceit
in the practice of contracting.
COUNT TWELVE
74. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and sixty-four
through seventy-one as though fully set forth herein.
75. Based on the foregoing, Respondent violated Section
489.129(1) (k), Florida Statutes, by signing a statement with
respect to a project or contract falsely indicating that the
work is bonded; falsely indicating that payment has been made
for all subcontracted work, labor and materials which results in
a financial loss to the owner, purchaser or contractor; or
falsely indicating that workers compensation and public
liability insurance are provided.
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COUNT THIRTEEN
76. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and sixty-four
through seventy-one as though fully set forth herein.
77. Section 455.227(1) (a), Florida Statutes, prohibits
making misleading, deceptive or fraudulent representations in or
related to the practice of contracting.
78. Based on the foregoing, Respondent violated Section
489.129(1) (ec), Florida Statutes, by violating Section
455.227(1) (a), Florida Statutes.
COUNT FOURTEEN
79. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and sixty-four
through seventy-one as though fully set forth herein.
80. Section 455.227(1) (m), Florida Statutes, prohibits
making deceptive, untrue or fraudulent representations in or
related to the practice of contracting or employing a trick or
scheme in or related to the practice of contracting.
81. Based on the foregoing, Respondent violated Section
489.129(1) (c), Florida Statutes, by violating Section
455.227(1) (m), Florida Statutes.
COUNT FIFTEEN
82. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and sixty-four
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through seventy-one as though fully set forth herein.
83. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BY L & D CIELINGS
84. Under Contract 1, On or about June 26, 2006,
Respondent submitted Pay Application No. 10, requesting payment
of $121,006.35. A true and correct copy of the relevant portions
of Pay Application 10 is attached as composite Exhibit “TT”
85. As evidenced by line item 21 of Original Contract Page
2.1, which is included with Pay Application No. 10, as of or
before June 25, 2006, 100% of the “Acoustical Ceilings” scope of
work under Contract 1 had been paid to Respondent by
Complainant. A true and correct copy of Original Contract Page
2.1 is attached as page 2 of composite Exhibit “T”.
86. On or about August 14, 2006, Complainant paid
Respondent in full for Pay Application No. 10.
87. Evidence of full payment of Pay Application No. 10 to
Respondent by Complainant, in the form of a check in the amount
of $121,006.35 is attached as Exhibit “U".
88. Although Respondent was paid 100% of the “Acoustical
Ceilings” scope of work, Respondent failed to in turn pay sub-
contractor L & D Ceilings, Inc.
89. As a result of the non-payment, on or about January
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22, 2007, L & D Ceilings, Inc filed a claim of lien in the
amount of $5,600, against Complainant’s property. A true and
correct copy of the claim of lien is attached as Exhibit “v”.
90. Complainant satisfied the L & D Ceilings claim of
lien, thereby paying twice for the same work. A true and correct
copy of the payment made to L & D Ceilings along with the
satisfaction of claim of lien by Complainant is attached as
composite Exhibit “w”.
COUNT SIXTEEN
91. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and eighty-four
through ninety as though fully set forth herein.
92. Based upon the foregoing, Respondent violated Section
489.129(1)(g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer’s job; the contractor has
received funds from the customer to pay for the supplies or
services; and the- contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
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COUNT SEVENTEEN
93. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and eighty-four
through ninety as though fully set forth herein.
94. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
required to pay more than the original price of the contract to
have the job completed as a result of the contractor’s
mismanagement or misconduct in contracting.
COUNT EIGHTEEN
95. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and eighty-four
through ninety as though fully set forth herein.
96. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BY AEUR & KING
97. Under Contract 1, on or about June 26, 2006,
Respondent submitted Pay Application No. 10, requesting payment
of $121,006.35. A true and correct copy of the relevant portions
of Pay Application 10 is attached as composite Exhibit “T”
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98. As evidenced by line item 20 of Original Contract Page
2.1, which is included with Pay Application No. 10, as of or
before June 25, 2006, 100% of the “Drywall” scope of work under
Contract 1 had been paid to Respondent by Complainant. A true
and correct copy of Original Contract Page 2.1 is attached as
page 2 of composite Exhibit “T”.
99. On or about August 14, 2006, Complainant paid
Respondent in full for Pay Application No. 10.
100. Evidence of full payment of Pay Application No. 10 to
Respondent by Complainant, in the form of a check in the amount
of $121,006.35 is attached as Exhibit “U”.
101. Although Respondent was paid 100% of the “Drywall”
scope of work, Respondent failed to in turn pay sub-contractor
Auer & King, Inc.
102. As a result of the non-payment, on or about February
6, 2007, Auer & King, filed a claim of lien in the amount of
$22,090.53, against Complainant's property. A true and correct
copy of the claim of lien is attached as Exhibit “xX”.
103. Complainant satisfied the Auer & King claim of lien,
thereby paying twice for the same work. A true and correct copy
of the payment made to Auer & King by Complainant is attached as
Exhibit “Y”.
COUNT NINETEEN
104. Petitioner re-alleges and incorporates the allegations
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set forth in paragraphs one through twenty-three and ninety-
seven through one hundred three as though fully set forth
herein.
105. Based upon the foregoing, Respondent violated Section
489.129(1)(g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer’s job; the contractor has
received funds from the customer to pay for the supplies or
services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
COUNT TWENTY
106. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and ninety-
seven through one hundred three as though fully set forth
herein.
107. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
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required to pay more than the original price of the contract to
have the job completed as a result of the contractor’s
mismanagement or misconduct in contracting.
COUNT TWENTY-ONE
108. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and ninety-
seven through one hundred three as though fully set forth
herein.
109. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BY CORNERSTONE
110. Under Contract 1, on or about September 25, 2006,
Respondent submitted Pay Application No. 12, requesting payment
of $101,052.68. A true and correct copy of the relevant portions
of Pay Application 12 is attached as composite Exhibit “2”
111. As evidenced by line item 5 of Original Contract Page
2.1, which is included with Pay Application No. 12, as of or
before September 25, 2006, 100% of the “Storm, Sanitary and
Water” scope of work under Contract 1 had been paid to
Respondent by Complainant. A true and correct copy of Original
Contract Page 2.1 is attached as page 2 of composite Exhibit
ug,
112. On or about October 13, 2006, Complainant paid
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Respondent in full for Pay Application No. 12.
113. Evidence of full payment of Pay Application No. 12 to
Respondent by Complainant, in the form of a check in the amount
of $101,052.35 is attached as Exhibit “AA”.
114. Although .Respondent was paid 100% of the “Storm,
Sanitary and Water” scope of work, Respondent failed to in turn
pay sub-contractor Cornersite Sitework and Development, LLC.
115. As a result of the non-payment, on or about April 26,
2007, Cornerstone filed a claim of lien in the amount of
$9,754.38, against Complainant's property. A true and correct
copy of the claim of lien is attached as Exhibit “AB”.
116. Complainant satisfied the Cornerstone claim of lien,
thereby paying twice for the same work. A true and correct copy
of the payment by Complainant made to Cornerstone along with the
release of claim of lien is attached as composite Exhibit “AC”.
COUNT TWENTY ~TWO
117. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
ten through one hundred sixteen as though fully set forth
herein.
118. Based upon the foregoing, Respondent violated Section
489.129(1) (g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
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occurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer’s job; the contractor has
received funds from the customer to pay for the supplies or
services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
COUNT TWENTY-THREE
119. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
ten through one hundred sixteen as though fully set forth
herein.
120. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
required to pay more than the original price of the contract to
have the job completed as a result of the contractor’s
mismanagement or misconduct in contracting.
COUNT TWENTY-FOUR
121. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
ten through one hundred sixteen as though fully set forth
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herein.
122. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BY ROBBINS PLUMBING
123. Under Contract 1, on or about September 25, 2006,
Respondent submitted Pay Application No. 12, requesting payment
of $101,052.68. A true and correct copy of the relevant portions
of Pay Application 12 is attached as composite Exhibit “Z”
124. As evidenced by line item 27 of Original Contract Page
2.1, which is included with Pay Application No. 12, as of or
before September 25, 2006, 100% of the “Plumbing” scope of work
under Contract 1 had been paid to Respondent by Complainant. A
true and correct copy of Original Contract Page 2.1 is attached
as page 2 of composite Exhibit “2”.
125. On or about October 13, 2006, Complainant paid
Respondent in full for Pay Application No. 12.
126. Evidence of full payment of Pay Application No. 12 to
Respondent by Complainant, in the form of a check in the amount
of $101,052.35 is attached as Exhibit “AA”.
127. Although Respondent was paid 100% of the “Plumbing”
scope of work, Respondent failed to in turn pay sub-contractor
Robbins Plumbing, LLC.
128. As a result of the non-payment, on or about April 6,
G:AOGC\PRW\Cases\TUMLIN(2007-049162\AC 4-24\Final Version.doc 23
2007, Robbins Plumbing filed a claim of lien in the amount of
$6,686.09, against Complainant's property. A true and correct
copy of the claim of lien is attached as Exhibit “AD”.
129. Complainant satisfied the Robbins Plumbing claim of
lien, thereby paying twice for the same work. A true and correct
copy of the payment by Complainant made to Robbins Plumbing
along with the release of claim of lien is attached as composite
Exhibit “AE”.
COUNT TWENTY-FIVE
130. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
twenty-three through one hundred twenty-nine as though fully set
forth herein.
131. Based upon the foregoing, Respondent violated Section
489.129(1) (g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
oceurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer’s job; the contractor has
received funds from the customer to pay for the supplies or
services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
G:AOGC\PRW\Cases\TUMLIN(\2007-049162\AC 4-24\Final Version.doc 24
COUNT TWENTY-SIX
132. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
fourteen through one hundred seventeen as though fully set forth
herein.
133. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
required to pay more than the original price of the contract to
have the job completed as a result of the contractor’s
mismanagement or misconduct in contracting.
COUNT TWENTY -SEVEN
134. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
fourteen through one hundred seventeen as though fully set forth
herein.
135. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BEE-LINE SUPPLY
136. Under Contract 1, on or about September 25, 2006,
Respondent submitted Pay Application No. 12, requesting payment
G:AOGC\PRW\Cases\TUMLIN\2007-0491 62\AC 4-24\Final Version.doc 25
of $101,052.68. A true and correct copy of the relevant portions
of Pay Application 12 is attached as composite Exhibit “Z”
137. As evidenced by line item 18 of Original Contract Page
2.1, which is included with Pay Application No. 12, as of or
before September 25, 2006, 100% of the “Glass and Glazing” scope
of work under Contract 1 had been paid to Respondent by
Complainant. A true and correct copy of Original Contract Page
2.1 is attached as page 2 of composite Exhibit “2”.
138. On or about October 13, 2006, Complainant paid
Respondent in full for Pay Application No. 12.
139. Evidence of full payment of Pay Application No. 12 to
Respondent by Complainant, in the form of a check in the amount
of $101,052.35 is attached as Exhibit “AA”.
140. Although Respondent was paid 100% of the “Glass and
Glazing” scope of work, Respondent failed to in turn pay
supplier Bee Line Supply.
141. As a result of the non-payment, on or about January 1,
2007, Bee Line Supply Plumbing filed a claim of lien in the
amount of $10,158.76, against Complainant’s property. A true and
correct copy of the claim of lien is attached as Exhibit “AF”.
142. Complainant satisfied the Bee Line Supply claim of
lien, thereby paying twice for the same work. A true and correct
copy of the payment by Complainant made to Bee Line Supply along
with the release of claim of lien is attached as composite
G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 26
Exhibit “AG”.
COUNT TWENTY-EIGHT
143. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
thirty-six through one hundred forty-two as though fully set
forth herein.
144. Based upon the foregoing, Respondent violated Section
489.129(1)(g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer’s job; the contractor has
received funds from the customer to pay for the supplies or
services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
COUNT TWENTY-NINE
145. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
thirty-six through one hundred forty-two as though fully set
forth herein.
146. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
G:\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 27
misconduct in the practice of contracting that causes financial
narm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
required to pay more than the original price of the contract to
have the job completed as a result of the contractor's
mismanagement or misconduct in contracting.
COUNT THIRTY
147. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
thirty-six through one hundred forty-two as though fully set
forth herein.
148. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
FACTS RELEVANT TO CLAIM OF LIEN FILED BY A+ELECTRIC
149: Under Contract 1, on or about September 25, 2006,
Respondent submitted Pay Application No. 12, requesting payment
of $101,052.68. A true and correct copy of the relevant portions
of Pay Application 12 is attached as composite Exhibit “2”
150. As evidenced by line item 29 of Original Contract Page
2.1, which is included with Pay Application No. 12, as of or
before September 25, 2006, 100% of the “Electrical” scope of
work under Contract 1 had been paid to Respondent by
Complainant. A true and correct copy of Original Contract Page
G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 28
2.1 is attached as page 2 of composite Exhibit “2”.
151. On or about October 13, 2006, Complainant paid
Respondent in full for Pay Application No. 12.
152. Evidence of full payment of Pay Application No. 12 to
Respondent by Complainant, in the form of a check in the amount
of $101,052.35 is attached as Exhibit “AA”.
153. Although Respondent was paid 100% of the “Electrical”
scope of work, Respondent failed to in turn pay sub-contractor
A+ Electric Group, Inc.
154. As a result of the non-payment, on or about January 5,
2007, A+ Electric filed a claim of lien in the amount of
$20,612.97, against Complainant’s property. A true and correct
copy of the claim of lien is attached as Exhibit “AH”.
155. Complainant satisfied the A+ Electric claim of lien,
thereby paying twice for the same work. A true and correct copy
of the payment by Complainant made to A+ Electric in the amount
of $52,000, which includes settlement of the above mentioned A+
Electric claim of lien as well as another unrelated claim of
lien is attached as composite Exhibit “AI”.
COUNT THIRTY -ONE
156. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
forty-nine through one hundred fifty-five as though fully set
forth herein.
GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 29
157. Based upon the foregoing, Respondent violated Section
489.129(1)(g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when valid liens have been recorded against the property
of a contractor’s customer for supplies or services ordered by
the contractor for the customer's job; the contractor has
received funds from the customer to pay for the supplies or
services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the
date of such liens.
COUNT THIRTY-TWO
158. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
forty-nine through one hundred fifty-five as though fully set
forth herein.
159. Based on the foregoing, Respondent violated Section
489.129(1) (g)3, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct
occurs when the job is completed but when the consumer is
required to pay more than the original price of the contract to
have the job completed as a result of the contractor’s
mismanagement or misconduct in contracting.
G:A\OGC\PRW\Cases\TUMLIN\2007-049 1 62\AC 4-24\Final Version.doc 30
COUNT THIRTY- THREE
160. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twenty-three and one hundred
forty-nine through one hundred fifty-five as though fully set
forth herein.
161. Based on the foregoing, Respondent violated Section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting.
WHEREFORE, Petitioner respectfully requests the
Construction Industry Licensing Board enter an Order imposing
one or more of the following penalties: place on probation,
reprimand the licensee, revoke, suspend, deny the issuance or
renewal of the certificate of registration, require financial
restitution to a consumer, impose an administrative fine not to
exceed $10,000.00 per violation, require continuing education,
assess costs associated with the investigation and prosecution,
impose any or all penalties delineated within Section
455.227(2), Florida Statutes, and/or any other relief the Board
is authorized to impose pursuant to Chapter 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 31
DBPR v. K. TUMLIN
2007-0459162
Administrative Complaint
Signature Page
Signed this ZT aay of DeXoPrer, , 2009.
CHARLES W. DRAGO, Secretary
Department of Business and
Professional Regulation
By:
ichard Waters, Esq.
Assistant General Counsel
Fl. Bar No. 817651
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street,Ste. 42
Tallahassee, FL 32399-2202
pcp pate: \O-27] -OF .
PCP Members:
G:A\OGC\PR W\Cases\TUMLIN\2007-049 162\AC 4-24\Final Version.doc
_ Contact
BATA document ato7’-1997 4.
Abbreviated Standard Form of Agreement Between Owner and t _.......-. .--
Construction Projects of Limited Scope
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Seventh day of September in the year Two Thousand and
Five
(In words, indicate day, month and year)
: BETWEEN the Owner:
(Name, address and other information)
Bishop Duncan Investments, LLC
1321 Edgewater Drive
Suite 2
Orlando, FL 32804
Telephone Number: 321-257-0313
Fax Number: 407-804-1222
and the Contractor:
_ (Name, address and other information)
Great Southern Contractors, Inc.
807 S. Orlando Ave. Suite R
Winter Park, FL 32789
the Project is:
(Name and location)
Shoppes at Lee Road Buildings A & C
4110 Lee Road
Orlando, FL 32801
the Architect is:
(Name, address and other information)
Michael Brady
100 Colonial Center Parkway
Suite 120
Lake Mary, FL 32746
Telephone Number: 407-585-0330
Fax Number: 407-585-0336
The Owner and Contractor agree as follows.
AiA Document At07™ - 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American|
All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthoriz
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted
extent possible under the faw. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597,
6/30/2006, and is not for resale.
User Notes:
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of °
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AIA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
This Document includes
abbreviated General Conditions
and should not be used with
other general conditions.
This document has been
approved and endorsed by The
Associated General Contractors
of America. .
Ne
ARTICLE 1 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 2. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement
are executed.
§ 2.2 The Contract Time shall be measured from the date of commencement.
§.2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 242 days from the date
of commencement, or as follows:
» (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated:elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
, Subject to adjustments of this Contract Time as provided in the Contract Documents
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
- early completion of the Work.)
ARTICLE 3 CONTRACT SUM
§ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Contract. The Contract Sum shall be One Million Nine Hundred Seventy Thousand Four Hundred Ninety One
Dollars & 00 Cents ($1,970,491.00), subject to additions and deletions as provided in the Contract Documents.
§ 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by
the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amount expires.)
§ 3.3 Unit prices, if any, are as follows:
Description Units Price ($ 0.00)
Delays not caused by contractor Day $683.00
ARTICLE 4 PAYMENTS
§ 4.1 PROGRESS PAYMENTS
§ 4.1.1 Based upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by
each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
Submit pay application by the 25” of the month with pay by the 10" of the following month. Applications for
payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial hy
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
Allrights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 2
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possibie under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, andi is not for resale. -
release of liens with current application for payment from previous month payment. Reduce retainage to 5% on next
to last payment application.
§ 4.1.2 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month,
the Owner shall make payment to the Contractor not later than the 10th day of the next month. If an Application for
Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than
fifteen ( 15 ) days after the Architect receives the Application for Payment.
§ 4.1.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
5% above prime
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner’s and Contractor’s principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications, and also regarding requirements such as written disclosures or waivers. )
§ 4.2 FINAL PAYMENT
§ 4.2.1-Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct
Work as provided in Section 17.2, and to satisfy other requirements, if any, which extend beyond
final payment; and
2 a final Certificate for Payment has been issued by the Architect.
§ 4.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect’s final Certificate for Payment, or as follow:
Final CO Final Contractor's Affidavit of Conformance and all closeout documents are received. It is mandatory for
tenant to sign off on punch list that all itmes are completed.
ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS
§5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
§ 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between
Owner and Contractor, AIA Document A107-1997.
§ 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, and are as follows:
Document Title Pages
§ 5.1.3 The Specifications are those contained in the Project Manual dated as in Section 5.1.2, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit:
§ 5.1.4 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Title of Drawings exhibit: Ae
2)
AJA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 3
distribution of this AIA® Document, or any portion af it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
and is not for resale.
§ 5.1.5 The Addenda, if any, are as follows:
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 5.
§ 5.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List any additional documents which are intended to form part of the Contract Documents.)
GENERAL CONDITIONS
ARTICLE 6 GENERAL PROVISIONS
§ 6.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is
(1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change
Ditective-or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract
: Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.
The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required to the extent consistent with the Contract Documents and
reasonably inferable from them as being necessary to produce the indicated results.
§ 6.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the
Owner and a Subcontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons
or entities other than the Owner and Contractor.
§ 6.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or __
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 6.4 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect
and the Architect’s consultants are Instruments of Service through which the Work to be executed by the Contractor
is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub-
subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and
other documents prepared by the Architect or the Architect’s consultants, and unless otherwise indicated the
Architect and the Architect’s consultants shall be deemed the authors of them and will retain all common law,
statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record
set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The
Drawings, Specifications and other documents prepared by the Architect and the Architect’s consultants, and copies
thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the AM
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationat Treatles. Unauthorized reproduction or 4
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No. 1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (2341003360)
Contractor or any Subcontractor, sub-subcontractor or material or equipment supplier on other projects or for
additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect
and the Architect’s consultants. The Contractor, Subcontractors, sub-subcontractors and material or equipment
suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect and the Architect’s consultants appropriate to and for use in the execution of
their Work under the Contract Documents. All copies made under this authorization shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and
the Architect’s consultants. Submittal or distribution to meet official regulatory requirements or for other purposes
in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect’s
consultants’ copyrights or other reserved rights.
ARTICLE 7 OWNER
§ 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 7.1.1 The Owner shall furnish and pay for surveys and a legal description of the site.
§ 7.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall
exercise proper precautions relating to the safe performance of the Work.
§ 7.1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the
Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the
construction, use or occupancy of permanent structures or permanent changes in existing facilities.
§7.2 OWNER'S RIGHT To STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents,
or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a
written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated;
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise
this right for the benefit of the Contractor or any other person or entity.
§ 7.3 OWNER’S RIGHT TO CARRY OUT THE WORK
Jf the Contractor defaults or persistently fails or negle
Documents, or fails to perform a provision of the Contract, the Owner,
Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and
may deduct the reasonable cost thereof, including Owner’s expenses and compensation for the Architect’s services
made necessary thereby, from the payment then or thereafter due the Contractor.
cts to carry out the Work in accordance with the Contract
after 10 days’ written notice to the
ARTICLE 8 CONTRACTOR
§ 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 8.1.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor
shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the
Work, as well as the information furnished by the Owner pursuant to Section 7.1.1, shall take field measurements of
any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.
These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of
discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or
inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information
in such form as the Architect may require.
during this review shall be reported promptly to the
§ 8.1.2 Any design errors or omissions noted by the Contractor
a contractor and
Architect, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as
not as a licensed design professional unless otherwise specifically provided in the Contract Documents.
§ 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 8.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The
Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences
and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents
give other specific instructions concerning these matters. If the Contract Documents give specific instructions
concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and iN
5
AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 5
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
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applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to
be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder
or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless
it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a
common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be
accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial,
and (4) such person or entity is not the Architect or any of the Architect’s employees or consultants. The agreement
herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be
specifically enforceable under applicable law in any court having jurisdiction thereof.
§ 9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes:
4 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and :
.2_ damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination
in accordance with Article 19. Nothing contained in this Section 9.11 shall be deemed to preclude an award of
liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents.
ARTICLE 10 SUBCONTRACTORS
§ 10.4 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site.
§ 10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the
Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any
Subcontractor to whom the Owner or Architect has made reasonable and timely objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall
be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
shall be issued before commencement of the substitute Subcontractor’s Work. The Contractor shall not be required
to contract with anyone to whom the Contractor has made reasonable objection.
§ 10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the
Work to be performed by the Subcontractor, to be bound to the Contractor. by the terms of the Contract Documents,
and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of
the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner and
Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor
by these Contract Documents.
ARTICLE 11 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under conditions of the contract identical or substantially similar to these, including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such claim as provided in Section 9.10.
§ 11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor’s activities with theirs as required by the Contract Documents.
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§ 11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a
separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The
Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly
timed activities, damage to the Work or defective construction of a separate contractor.
ARTICLE 12 CHANGES IN THE WORK
§ 12.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted
accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner,
Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect.
§ 12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the
parties or, in the case of a Construction Change Directive, by the Contractor’s cost of labor, material, equipment,
and reasonable overhead and profit.
§ 12.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written orders promptly. .
§ 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those
indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and
Contract Time shall be equitably adjusted.
ARTICLE 13 TIME
§ 13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2.
§ 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in
the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which the
Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine, subject to the provisions of Section 9.10. :
ARTICLE 14 PAYMENTS AND COMPLETION
§ 14.1 APPLICATIONS FOR PAYMENT
§ 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shail be ina
form satisfactory to the Architect.
§ 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.
§ 14.2 CERTIFICATES FOR PAYMENT
§ 14.2.4 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines
is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding
certification in whole or in part as provided in Section 14.2.3.
§ 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,
based on the Architect’s evaluations of the Work and the data comprising the Application for Payment, that the
Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief,
the quality of the Work is in accordance with the Contract Documents, The foregoing representations are subject to
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
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an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance
of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-
site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 14.2.2
cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will
notify the Contractor and Owner as provided in Section 14.2.1. The Architect may also withhold a Certificate for
Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for
Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from
loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section
8.2.2, because of:
‘1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum,
«5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
7 persistent failure to carry out the Work in accordance with the Contract Documents.
§ 14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 14.3 PAYMENTS TO THE CONTRACTOR
§ 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the
amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said
Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of
such Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,
require each Subcontractor to make payments to sub-subcontractors in similar manner.
§ 14.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a
Subcontractor except as may otherwise be required by law.
§ 14.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 14.4 SUBSTANTIAL COMPLETION
§ 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use.
AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
Ail rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
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§ 14.4.2 When the Architect determines that the Work or designated portion thereof is substantially complete, the
Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion,
establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work
and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and
Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
§ 14.5 FINAL COMPLETION AND FINAL PAYMENT
§ 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of
a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the
Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue
a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on
the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms
and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in
the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further
representation that conditions stated in Section 14.5.2 as precedent to the Contractor’s being entitled to final
payment have been fulfilled.
§ 14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could
be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains
unsatisfied after paymenits are made, the Contractor shall refund to the Owner all money that the Owner may be
" compelled to pay in discharging such lien, including costs and reasonable attorneys’ fees.
§ 14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from:
1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
.2__ failure of the Work to comply with the requirements of the Contract Documents; or
3 terms of special warranties required by the Contract Documents.
§ 14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY
§ 15.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of,
and shall provide reasonable protection to prevent damage, injury or loss to:
-1_ employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein; and
3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The
Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a
Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
whose acts they may be liable and for which the Contractor is responsible under Sections 15.1.2 and 15.1.3, except
for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of
them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor’s obligations under Section 8.13.
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
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solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and
Architect that such means, methods, techniques, sequences or procedures may not be safe.
§ 8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or
on behalf of the Contractor or any of its Subcontractors. :
§ 8.3 LABOR AND MATERIALS
§ 8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other
persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not
skilled in tasks assigned to them.
§ 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers’
instructions.
§ 8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect
and in accordance with a Change Order.
§.8.4 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be
free from defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient
maintenance, improper operation or normal wear and tear and normal usage.
§ 8.5 TAXES
The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are
received or negotiations concluded.
§ 8.6 PERMITS, FEES AND NOTICES
§ 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit and other permits and governmental fees, licenses and inspections necessary for proper execution and
completion of the Work. Permit is to be paid for by owner.
§ 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful
orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the
Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith.
If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules
and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate
responsibility for such Work and shall bear the costs attributable to correction.
§ 8.7 SUBMITTALS
§ 8.7.4 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to
the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents
with reasonable promptness. The Work shall be in accordance with approved submittals.
§ 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.
‘AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 6
distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penaities, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
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§ 8.8 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with materials or equipment.
§ 8.9 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
parts fit together properly.
§ 8.10 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about
the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus material.
§ 8.11 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights
and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is'Tequired by the Contract Documents, or where the copyright violations are contained in Drawings,
Specifications or other documents prepared by the Owner or Architect, unless the Contractor has reason to believe
that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect.
§ 8.12 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located,
§ 8.13 INDEMNIFICATION .
§ 8.13.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered
by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 16.3,
the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants and agents and
employees of any of them from and against claims, damages, losses and expenses, including but not limited to
attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss or experise is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which
would otherwise exist as to a party or person described in this Section 8.13.
§ 8.13.2 In claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor, -
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Section 8.13.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT .
§ 9.1 The Architect will provide administration of the Contract and will be an Owner’s representative (1) during
construction, (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the. one-
year period for correction of Work described in Section 17.2.
§ 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the
Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress
and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and
deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that
the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will
not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since
AJA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects.
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§ 15.2 HAZARDOUS MATERIALS
§ 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance, including but not limited to asbestos or polychlorinated bipheny! (PCB),
encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to the Owner and Architect in writing. When the material or
substance has been rendered harmless, Work in the affected area shal! resume upon written agreement of the Owner
and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the
amount of the Contractor’s reasonable additional costs of shutdown, delay and start-up, which adjustments shall be
accomplished as provided in Article 12 of this Agreement.
§ 15.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), and provided that such damage, loss or expense is not due to the sole negligence of a
party seeking indernnity.
§ 15.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation
of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,
the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
ARTICLE 16 INSURANCE
§ 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located insurance for protection from claims under workers’
compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily
injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or
result from the Contractor’s operations under the Contract, whether such operations be by the Contractor or by a
Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less
than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and
shall include contractual liability insurance applicable to the Contractor's obligations. Certificates of Insurance ~
acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall
contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written
notice has been given to the Owner.
§ 16.2 OWNER’S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.
§ 16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
§ 16:3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective
Liability insurance from the Contractor's usual sources as primary coverage for the Owner’s, Contractor’s and
Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the
Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of
purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for
purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with
such coverage shall be equal to the aggregate of the limits required for Contractor’s Liability insurance under
Section 16.1.
§ 16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner,
Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the
proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise.
§ 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as
additional insureds on the Contractor's Liability insurance under Section 16.1.
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Alt rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationa! Treaties. Unauthorized reproduction or 13
distribution of this AIA? Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (2341003360)
§ 16.4 PROPERTY INSURANCE
§ 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain,
authorized to do business in the jurisdiction in which the Project is located,
policy form, including builder’s risk, in the amount of the initial Contract Sum, plus the value of subsequent
modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at
the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been made as provided in Section 14.5 or until no person
or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-
subcontractors in the Project.
in a company or companies lawfully
property insurance on an “all-risk"
tractor before an exposure to loss may occur. Each
§ 16.4.2 The Owner shall file a copy of each policy with the Con
and that its limits will not
policy shall contain a provision that the policy will not be canceled or allowed to expire,
be reduced, until at least 30 days’ prior written notice has been given to the Contractor.
§ 16.5 WAIVERS OF SUBROGATION
§ 16.5.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-
subcontractors, agents and employees, each of the other, and (2) the ‘Architect, Architect’s consultants, separate
contractors described in Article 11, if any, and any of their subcontractors, sub-subcontractors, agents and
employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained
pursuant to Section 16.4 or other property insurance applicable to the Work, except such rights as they have to:
shall require of
proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate,
the Architect, Architect’s consultants, separate contractors described in Article 11, if any, and the subcontractors,
written where legally required
sub-subcontractors, agents and employees of any of them, by appropriate agreements,
for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such
waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person Or
entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,
did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable
interest in the property damaged.
§ 16.5.2 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds
received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require
Subcontractors to make payments to their sub-subcontractors in similar manner.
ARTICLE 17 CORRECTION OF WORK
§ 17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the
requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or
not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and
inspections and compensation for the Architect’s services and expenses made necessary thereby, shall be at the
Contractor’s expense.
§ 17.2 In addition to the Contractor’s obligations under Section 8.4, if, within one year after the date of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of warranties established
under Section 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the
Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct
it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the
Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the
condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the
Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty.
§ 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in
accordance with Section 7.3.
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1 m
i nai Treaties. Unauthorized reproduction or
All rights reserved. WARNING: This AIA” Document Is protected by U.S. Copyr'
igs, and will be prosecuted to the maximum
distribution of this 'AIA® Document, or any portion of it, may result in severe r
09/07/2005 under Order No. 1000186597_1 which expires on
extent possible under the law. This document was produced by AIA software at 16:43:20 on
6/30/2006, and is not for resale.
(2341003360) i
User Notes:
AB
14
§ 9.10.1 Claims, disputes and other matters in question arising out of or rela
these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in
Section 8.2.1.
§ 9.3 The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the
requirements of the Contract Documents. The Architect will not have control over or charge of and will not be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other
persons or entities performing portions of the Work.
§ 9.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the
Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such
amounts.
§ 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents.
§ 9.6 The Architect will review and approve or take other appropriate action upon the Contractor’s submittals such
as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
§ 9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions
on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for
results of any interpretations or decisions so rendered in good faith.
§ 9.8 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
§ 9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall
not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent
shall not be unreasonably withheld.
§ 9.10 CLAIMS AND DISPUTES
ting to this Contract, including those
alleging an error or omission by the Architect but excluding those arising under Section 15.2, shall be referred
tic effect and except those waived
initially to the Architect for decision. Such matters, except those relating to aesthet
as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, shall, after initial decision by the Architect or 30
days after submission of the matter to the Architect, be subject to mediation as a condition precedent to arbitration or
the institution of legal or equitable proceedings by either party.
§ 9.10.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic’s lien, the party
asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing
deadlines prior to resolution of the matter by the Architect, by mediation or by arbitration.
§ 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement
and with the American Arbitration Association. The request may be made concurrently with the filing of a demand
for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings,
which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer
period by agreement of the parties or court order. ,
§ 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved
by mediation, except matters relating to aesthetic effect and except those waived as provided for in Section 9.11 and
Sections 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently
in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the
‘American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award
rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with A\ u
AJA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 8
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (2341003360)
cm
ee
§ 17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed
after Substantial Completion by the period of time between Substantial Completion and the actual performance of
the Work.
§ 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Article 17.
ARTICLE 18 MISCELLANEOUS PROVISIONS
§ 18.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract without written consent of the other.
§ 18.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
§ 18.3 TESTS AND INSPECTIONS
Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory. or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. The
Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are
received or negotiations concluded.
§ 18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
As between Owner and Contractor, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued:
1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the
relevant date of Substantial Completion;
.2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act
occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the
final Certificate for Payment; and
3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act
occurring after the date of the final Certificate for Payment.
ARTICLE 19 TERMINATION OF THE CONTRACT
§ 19.1 TERMINATION BY THE CONTRACTOR
If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the
Owner fails to make payment thereon for a period of 30 days, the Contractor may, upon seven additional days’
written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work
executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery,
including reasonable overhead, profit and damages applicable to the Project.
§ 19.2 TERMINATION BY THE OWNER
§ 19.2.1 The Owner may terminate the Contract if the Contractor:
-1__ persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials; ,
.2. fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having
jurisdiction; or
4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause
exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the NS
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 15
distribution ot this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possibie under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
Beene. and is not for resale. (2341003360)
Contractor seven days’ written notice, terminate the Contract and take possession of the site and of all materials,
equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner
shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.
§ 19.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 19.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
§ 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive
termination of the Contract.
ARTICLE 20 OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
RACTOR (Signature)
|_ Whit Duncan Kenneth M. Tumlin, President
(Printed rfame and title) (Printed name and title)
VAs
Date
AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
Allrights reserved. WARNING: This AIA® Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or 16
distribution of this ALA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (2241003360)
Additions and Deletions Report for
AIA Document A107™ - 1997
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal! line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 16:43:20 on 09/07/2005.
PAGE 1
AGREEMENT made as of the Seventh day of September in the year Two Thousand and Five
Bishop Duncan Investments, LLC
1321 Edgewater Drive
Suite 2
Orlando, FL 32804
Telephone Number: 321-257-0313
Fax Numbei: 407-804-1222
Great Southern Contractors, Inc.
807 S. Orlando Ave. Suite R
Winter k, 32789
NY es at Lee Road Buildings A & C
4110 Lee Road
Orlando, EL 32801
Michael Brady
100 Colonial Center Parkway
Suite 120
Lake Mary, FL 32746
Tele hone Number: 407-585-0330
Fax Number: 407-585-0336
PAGE 2
Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement
are executed. ; AVY]
‘Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997
by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International 1
Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and
will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order
No.1000186597_1 which expires on 6/30/2006, and is not for resaie. (2341003360)
User Notes:
Se
" ‘Pitle of Drawings exhibit:
§ 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 242 days from the date
of commencement, or as follows:
§ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Contract. The Contract Sum shall be ¢$-};-One Million Nine Hundred Seventy Thousand Four Hundred Ninety One
Dollars & 00 Cents ($1,970.491.00), subject to additions and deletions as provided in the Contract Documents.
Delays not caused by contractor Day $683.00
§ 4.1.4 Based upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by
each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
25" of the month with pay by the 10" of the following month. Applications for ;
‘approved by the Architect and the Owner, General Contractor shall provide partial
pplication for payment from previous month payment, Reduce retainage to 5% on next
ation by.th
tion for Payment is received by the Architect not later than the 25th day of a month,
to the Contractor not later than the 10th day of the next month. If an Application for
hitect after the date fixed above, payment shall be made by the Owner not later than
er-the Architect receives the Application for Payment.
59 above prirtie |
Final-CO Final Gontrattor’s Affidavit of Conformance and all closeout documents are. received. It is mandatory for
4cnant to sign off on punch list that all itmes are completed.
“Section ; Title Pages
Title of Specifications exhibit: |”
-PAGE6
§ 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit and other permits and governmental fees, licenses and inspections necessary for proper execution and
completion of the Work. Permit is to be paid for by owner.
PAGE 16
(Printed Lith Printed sit
Whit Duncan Kenneth M. Tumlin, President
EEE lo
‘Additions and Deletions Report for AIA Document At! 07™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997
by The American Institute of Architects. All rights reserved. WARNING: This AtA® Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and
will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order
No.1000186597_1 which expires on 6/30/2006, and is not for resale.
User Notes: (2341003360)
Certification of Document’s Authenticity
AlA® Document D401™ — 2003
ief, that I created the attached
I, Shelby Lundin, hereby certify, to the best of my knowledge, information and bel:
and this certification at 16:43:20
final document simultaneously with its associated Additions and Deletions Report
on 09/07/2005 under Order No. 1000186597_1 from ALA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA® Document A107™ — 1997 - Abbreviated
Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the
basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and
deletions shown in the associated Additions and Deletions Report.
(Signed) /
¢ Title)
ail ulos
‘AIA Document D401 ™ — 2003. Copyright © 1992 and 2003 by The American Institute ‘of Architects. All rights reserved, WARNING: This AtA® Document
distribution of this AIA® Document, or any portion of it,
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
may result in severe civil and criminal penalties, and will be prosecuted to the maximum
User Notes:
on
extent possible under the faw. This document was produced
by AIA software at 16:43:20 on 09/07/2005 under Order No.1006186597_1 which expires on 6/30/2006, and is not for resale. (2941003360)
Ain
1
GREAT SOUTHERN ! 2.
CONTRACTORS
GENERAL CONTRACTORS
Shoppes Of Lee Road
Proposal Clarifications
6-09-05
14. This proposal does not include any impact fees, connection fees, permit fees,
and underground electric differential electric fees.
so
3. This proposal is based on the site being accessible to standard construction
equipment. We have not included the construction of any temporary roads to
gain access to the site.
4. The owner is responsible for applying for their power, water and electric service
to allow enough time to get these services on site. We will assist the owner in the
interface between the utility companies and the site locations of the point of
connections. However the application for these utilities can only be done by the
owner.
5. This proposal is based on being able to get electric service at the site for
temporary power. We do not include any money for a generator if there is no
electric power available.
6. This proposal is based on being able to get water service at the site for
temporary water. We do not include money in this proposal to truck water onto
the site.
7. This proposal does not include the installation of any telephone cabling or
equipment. We do include the telephone service conduit to the property line, the
telephone termination box and the empty conduits to the tenant spaces.
8. This proposal does not include the installation of any closed circuit TV cabling or
equipment. The plans did not cail for any.
807 South Orlando Avenue, Suite R * Winter Park, FL 32789 « FL Lic. #CBC - 028108 #4(407) 699-9399 » Fax (407) 695-7536 » www.greatsouthern-ge.com
ae
9. This proposal does not include the installation of any data cabling or equipment.
The plans did not call for any. :
10.Once the building is switched over to the permanent power source the power bill
is to be paid for by the owner.
11. This proposal does not include well pointing or any kind of dewatering. We were
not given a soils report.
12. This proposal does not include removal of any unsuitable soil material should it
be encountered. We were not given a soils report.
13. This proposal does not include any segmented retaining walls or screen walls.
We did not see any on the plans.
14. This proposal does not include any exterior store signage. .
15. This proposal does not include any hurricane shutters for the storefront system
16. This proposal is based on a non impact glass system for the glass storefront
system.
17.This proposal includes s.f of st Augustine grass. Any additional sod will be
added at a cost of $0.32/s.f
18.We have based our bid on fiberglass ductwork.
19. This proposal does not include a temporary construction fence around the entire
property during construction.
20. This proposal does not include quality control testing.
21. This proposal does not include a fire alarm system.
22. This proposal does not include any fire sprinklers in the canopy of the building.
The plans did not call for any.
23. This proposal does not include a fire pump if the fire main pressures are not
adequate to support the fire sprinkler system.
24. This proposal is based on using narrow stile doors.
25. The electrical site light plans for Amscott and Building A conflict. We have based
our bid on the Building A site lighting print.
Ra
807 South Orlando Avenue, Suite R © Winter Park, FL 32789 * FL Lic. #CBC - 028108 #1407) 699-9399 » Fax (407) 695-7536 « www.greatsouthem-gc.com
26. Our proposal includes all of the site work in the Building A & C number
27.Our proposal is based on providing fire sprinklers in building A only.
28.We do not include the awning work on Amscot. We interpreted the plans as this
being supplied by the owner.
29. This proposal is based on using fiberglass ductwork.
30. This proposal is based on us being awarded all three buildings.
807 South Orlando Avenue, Suite R « Winter Park, FL 32789 * FL Lic. #CBC - 028108 «¥407) 699-9399 © Fax (407) 695-7536 * www. greatsouthern-ge.com
Ra
| GREAT SOUTHERN
CONTRACTORS
‘SHOPPES OF LEE ROAD
‘Owner
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{ ” FRough Electric @ Fascia Bldg A
| Complete Metal Fascia Framing Buliding A”
‘Reugh Wood Blocking @ Faiacta Bldg A
‘Matal Stud Framing Front Fascia Bidg C
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‘GENERAL CONTRACTORS
Holiday Time
Not included in contract time
Thursday & Friday, November 24" and 25"- Thanksgiving
Friday & Monday, December 23” and 26"- Christmas
Friday & Monday, December 30° and January 2"-News
Years
Friday, April 14"- Good Friday
Monday, July 4"- Fourth of July
Mo
GREAT SOUTHERN
CONTRACTORS
ee)
NNER
GENERAL CONTRACTORS
Amscot Financial Lee Road
CVR
A-1
A-2.1
A-2.2
A-3.1
A-3.2
A-4
A-5
A-6
A-7
A-8.1
A-8.2
A-8.3
A-8.4
A-8.5
A-8.6
S-1
$-2
$-3
MO.1
M1.1
M2.1
PO.1
P1.1
P2.1
E0.1
E1.1
° 05/13/05
05/13/05
05/13/05
05/13/05
05/13/05
05/13/05
05/13/05
05/13/05
03/28/05
05/13/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
05/13/05
05/13/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
03/28/05
05/13/05
Nec”
ADI
E1.2 03/28/05
E2.1 03/28/05
E3.1 05/13/05
E4.1 05/13/05
ES1.1 03/28/05
ES1.2 03/28/05
CONSTRUCTION PLANS THE SHOPPES AT LEE ROAD
CVR
Feb. 2005
Feb. 2005
Feb. 2005
Feb. 2005
Feb. 2005
Feb. 2005
Feb. 2005
Feb. 2005
0 Feb. 2005
1 Feb. 2005
ae OON OO GA WN
LEE ROAD RETAIL DEVELOPMENT BUILD. A
CVR 05/04/05
A-1 05/04/05
A-2 05/04/05
A-3 05/04/05
A-4 05/04/05
A-5 05/04/05
A-6 05/04/05
A-7 05/04/05
A-8 05/04/05
A-9 05/04/05
S-1 03/22/05
$-2 03/22/05
$3 03/22/05
S-4 03/22/05
MO.1 04/01/05
M1.4
M2.1
E0.1
E1.1
E1.2
E3.1
E4.1
E5.1
E5.2
ES1.1
ES1.2
PO.1
SHOPPES AT LEE ROAD BUILDING C
04/01/05
04/01/05
04/01/05
04/01/05
04/01/05 —
04/01/05
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04/01/05
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05/04/05
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03/30/05
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03/30/05
04/01/05
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04/01/05
04/01/05
04/01/05
ASE
BUILDING A
P1.1 04/01/05
P2.1 04/01/05
FP1.1 04/01/05
1100 LEE ROAD AMSCOT FINANCIAL
CVR 05/13/05
A-1 07/14/05
A-2.1 07/14/05
A-2.2 05/13/05
A-3.1 07/14/05
A-3.2 07/14/05
A-4 05/13/05
A-5 07/14/05
A-6 07/14/05
A-7 03/28/05
A-8.1 03/28/05
A-8.2 03/28/05
A-8.3 03/28/05
A-8.4 03/28/05
A-8.5 03/28/05
A-8.6 03/28/05
$-1 07/14/05
$-2 07/14/05
$-3 07/14/05
M0.1 07/14/05
M1.1 03/28/05
M2.1 07/14/05
PO.1 03/28/05
P1.1 03/28/05
P2.1 03/28/05
E0.1 03/28/05
E1.1 07/14/05
E1.2 03/28/05
E2.1 03/28/05
E3.1 07/14/05
07/14/05
07/14/05
07/14/05
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3
AIA Document A107” - 1997
viated Standard Form of Agreement Between Owner and Contractor for
Construction Projects of Limited Scope
lere the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Seventh day of September in the year Two Thousand and
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the ieft margin of
~ this document indicates where °
the author has added necessary
information and where the author
has added to or deleted from the
original AIA text. :
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
This Document includes
abbreviated General Conditions
and should not be used with
other genera! conditions. . -
This.document has been
approved and endorsed by The
Associated General Contractors
of America.
The Owner and Contractor agree as follows.
AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties, Unautho!
distribution of this AIA' Document, or any portion of it, may result in severe elvil and criminal penalties, and will be prosecuteflr:
extent possible under the law. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No. 10001 8659)
FF n006 and is not for resale,
ser Notes: ,
ARTICLE 1. THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicatéd in the Contract Documents to be the responsibility of others.
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
‘below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement
are executed,
a §2.2 The Contract Time Shall be measured from the date of commencement.
letion of the entire Work not later than 242 days from the date
rs. Alternatively, a calendar date may be used when coordinated with the date of
lsewhere in the Contract Documents, insert any requirements for earlier Substantial
ins of the Work.)
‘Ontract Time as provided in the Contract Documents
iquidated damages relating to failure to complete on time or for bonus payments for
|The Owner: shall ay the Contr ctor the Contract Sum in current funds for the Contractor's performance of the
ur Hundred Thirteen Thousand Three Hundred Twelve Dollars & 00 Cents
decisions on other alternates are to be made by
schedule of such other alternates showing the
§ 3.3 Unit prices, if any, aré'as follows:
Description Units Price ($ 0.00)
|. Delays not caused by contractor Day $683.00
ARTICLE 4 PAYMENTS
§ 4.1 PROGRESS PAYMENTS
§ 4.1.4 Based upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by
each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
Submit pay application by the 25" of the month with pay by the 10" of the following month. Applications for
payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial
curnent A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects,
AIA Do:
Ail rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized teproduction or
distribution of this AIA® Document, or any portion of it, may resuit in severe civil and criminal penaities, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: ° (555527366)
Bd
2
fifteen ( 15 ) days after the Architect recéives the Application for Payment.
§ 4.1.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
| 5% above prime
L Truth in Lending Act, similar state and local consumer credit laws
tractor’s principal places of business, the location of the Project and
idity of this provision. Legal advice should be obtained with respect to deletions or
ling requirements such as written disclosures or waivers.)
-has fully performed the Contract except for the Contractor’s responsibility to correct
idéd in Section 17.2, and to Satisfy other requirements, if any, which extend beyond
a final Certificate for Payment has been issued by the Architect.
" 84 22 ie Owner's final Payment to the Contractor shall be made no later than 30 days after the issuance of the
. “Architect's final Certificate for Payment, or as follow:
~Final CO Final Cohiractor’s Affidavit of ‘Conformance and all closeout documents are received. It is mandatory for _¢
fenant to 'sign.off On punch list that all itmes are completed.
$5.41 The ‘Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between
Owner and Contractor, AIA Document A107-1997.
§ 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, and are as follows:
Document Title Pages
§ 5.4.3 The Specifications are those contained in the Project Manual dated as in Section 5. 1.2, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
| Title of Specifications exhibit:
§ 5.1.4 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
| Title of Drawings exhibit: .
B
User Notes: (555527366)
se
§ 5.1.5 The Addenda, if any, are as follows: . . :
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 5.
§ 5.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List any additional documents which are intended to form part of the Contract Documents. )
GENERAL CONDITIONS
ARTICLE § GENERAL PROVISIONS
§ 6.1. THE GONTRA\
t of this Agreement with Conditions of the Contract (General, Supplementary and
ngs, Specifications, Addenda issued Prior to the execution of this Agreement, other
‘cement and Modifications issued after execution of this Agreement. A Modification is
ntract signed by both parties, (2) a Change Order, (3) a Construction Change
of a minor change in the Work issued by the Architect. The intent of the Contract
necessary for the proper execution and completion of the Work by the Contractor.
and what is required by one shall be as binding as if required by all;
ed to the extent consistent with the Contract Documents and
ctual relationship i i >
beontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons
an ‘the Owner ‘and Contractor.
ce The't cin "Work" means the, constriction and services required by the Contract Documents, whether completed or
-Partially'Completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 6.4 EXECUTION OF THE CONTRACT
Execution of the Contract Ny thé Contractor is a Tepresentation that the Contractor has visited the site, become
generally.familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
is.described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub-
set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The .
Drawings, Specifications and other documents Prepared by the Architect and the Architect’s consultants, and copies
thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the bY
} AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects.
} All rights reserved. WARNING: This Ala? Document
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
User Notes: (555527366)
a te, 4 4
ARTICLE 7 OWNER
§7.4 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 7.4.4 The Owner shall furnish and pay for Surveys and a legal description of the site.
S, easements, assessments and charges required for the
Permanent structures or permanent changes in existing facilities,
ork which is not in accordance with the requirements of the Contract Documents,
t the Work in accordance
“$7.3 OWNER’S RIGHT-TO CARRY OUT THE WORK
“tl ‘ persistently fails or neglects to carry out the Work in accordance with the Contract
Provision of the Contract, the Owner, after 10 days’ written notice to the
rejudice:to, other remedy the Owner may have, may make good such deficiencies and
f; including Owner’s expenses and compensation for the Architect’s services
sary thereby, from the payment then or thereafter due the Contractor.
sions noted by the Contractor during this review shall be reported promptly to the
§ 8.1.2 Any design errors or omis
Architect, but it is tecognized that the Contractor’s Teview is made in the Contractor’s capacity as a contractor and
hot as a licensed design professional unless otherwise Specifically provided in the Contract Documents,
§8.2 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 8:21 The Cont shall supervise and direct the Work, using the Contractor’s best skill and attention. The
tractor sh: i i
j AIA Document A107™ — 1997, Copyright © 1836, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or
distribution of this AtA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No.10001 '86597_1 which expires on
. and is not for resaie,
User Notes: (585527366)
solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and
Architect that such means, methods, techniques, sequences or procedures may not be safe,
,) § 8.2.2 The Contractor shall be Tesponsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or
on behalf of the Contractor or any of its Subcontractors.
§ 8.3 LABOR AND MATERIALS
§ 8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
. Materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
» persons cartying out the Contract. The Contractor shall not permit employment of unfit persons or persons not
- skilled in tasks assigned to them.
Soritractor shall deliver, handle, store and install materials in accordance with manufacturers’
Owner and Architect that materials and equipment furnished under the Contract will
‘8s otherwise required or permitted by the Contract Documents, that the Work will be
‘the quality required or permitted, and that the Work will conform with the
ct Documents. Work not conforming to these requirements, including substitutions not
juthorized, may be considered defective. The Contractor's warranty excludes remedy for
> Or defect caused’ by abuse, modifications not executed by the Contractor, improper or insufficient
nance, improper Operation or normal wear and tear and normal usage.
Ҥ 8.5 TAXES
use and other similar taxes which are legally enacted when bids are
§ 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful
orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the
Architect and-Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith.
Tf the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules
and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate
responsibility for such Work and shail bear the costs attributable to correction.
§ 8.7 SUBMITTALS
§ 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to
the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents
with reasonable promptness. The Work shall be in accordance with approved submittals.
§ 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.
AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
Allrights reserved. WARNING: This AIA® Document 's protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 6
extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (555527366)
sea
sae
§ 8.8 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with materials or equipment.
§ 8.9 CUTTING AND PATCHING :
The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
parts fit together properly.
§ 8.10 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about
the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus material.
§ 8.11 ROYALTIES, PATENTS AND COPYRIGHTS
. The Contractor. shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights
ghts and, shall hold the Owner and Architect harmless from loss on account thereof, but shall not be
loss when a particular design, process or product of a particular manufacturer or
Contract Documents, or where the copyright violations are contained in Drawings,
its prepared by the Owner or Architect, unless the Contractor has reason to believe
itted by law and to the extent claims, damages, losses or expenses are not covered
é tive Liability insurance purchased by the Contractor in accordance with Section 16.3,
the’Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants and agents and
employees of any of-them from and against claims, damages, losses and expenses, including but not limited to
attomeys’ fees, arising out of-or resulting from performance of the Work, provided that such claim, damage, loss or
experise is attributable to bodily i injury, sickness, disease or death, or to injury to or destruction of tangible property
Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a
: ‘Subcontractor, anyone directly. indirectly employed by them or anyone for whose acts they may be liable,
regardless of whether or not such’claim, damage, loss or expense is caused in part by a party indemnified hereunder.
: Such obligation ‘shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which
wou! ‘otherwise exist as to a ap ye ‘or Person described in this Section 8.13.
§8,13.21n claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor,
: contractor, anyone directly or indirectly employed by them or anyone for whose.acts they may be liable, the
indemnification obligation ‘under Section 8.13.1-shall not be limited by a limitation on amount or type of damages,
compensation.or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE.9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
§ 9.1 The Architect will provide administration of the Contract and will be an Owner’s representative (1) during
construction, (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the one-
year period for correction of Work described in Section 17.2.
§ 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the
Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress
and.quality: of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and
deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that
the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will
not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since 7)
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 7
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possibie under the law. This. document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (555527366)
these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in
Section 8.2.1.
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other
persons or entities performing portions of the Work.
§ 9.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the
Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such
amounts.
§ 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents.
§ 9.6 The ‘Architect will réview.and approve or take other appropriate action upon the Contractor’s submittals such
»as Shop Drawings, Pro luct Data and Samples, but only for the limited Purpose of checking for conformance with
information given and the design Concept expressed in the Contract Documents.
ret and decide matters concerning performance under, and requirements of, the ;
ten request of either the Owner or Contractor. The Architect will make initial decisions
’ matters in question between the Owner and Contractor but will not be liable for
lecisions so rendered in good faith.
; On matters relating to aesthetic effect will be final if consistent with the intent
lution of legal or equitable Ptoceedings by
on 8§ 9.10.2 If acclaim, dispute or other maiter in question relates to or is the subject of a mechanic’s lien, the party
~sassetting Such matter may proceed in accordance with applicable law to comply with the lien notice or filing
for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings,
which shall be stayed pending mediation for a Period of 60 days from the date of filing, unless stayed for a longer
period by agreement of the parties or court order.
AIA Document A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects,
All rights reserved. WARNING: This AIA® Document is Protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: (gr
eget
applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to
be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder
or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless
it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a
common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be
accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial,
arid (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement
herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be
specifically enforceable under applicable law in any court having jurisdiction thereof.
§9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to
this Contract: This mutual waiver includes:
<1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
-business:and:feputation, and for loss of management or employee productivity or of the services of
“.. such persons:-and
~ damages incurtéd by the Contractor for principal office expenses including the compensation of
: el stationed there, for losses of financing, business and reputation, and for loss of profit
pated profit arising directly from the Work.
licablé, without limitation, to all consequential damages due to either party’s termination
‘Nothing contained in this Section 9.11 shall be deemed to preclude an award of
applicable, in accordance with the requirements of the Contract Documents.
inless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
cticable after award of:the:Contract, shall furnish in writing to the Owner through the Architect the names of the
* Subcontractors for-each of the principal portions of the Work. The Contractor shall not contract with any
~Subcontractof'to whom the Owner or Architect has made reasonable and timely objection, If the proposed but
‘rejected Subcontractor was teasOnably. capable of performing the Work, the Contract Sum and Contract Time shall
Be incre? decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
‘/Shall‘be issued: before commencement of the substitute Subcontractor’s Work. The Contractor shall not be required
_ té.contract withianyone to whom the Contractor has made reasonable objection.
10.3 Contracts between the: Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the
k to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents,
‘and to'assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of
the Subcontractor’s. Work, which the Contractor, by the Contract Documents, assumes toward the Owner and
Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor
by these Contract Documents.
ARTICLE 11, OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 11.1 The Owner:reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under conditions of the contract identical or substantially similar to these, including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved bécause of such action by the Owner, the Contractor shall make such claim as provided in Section 9.10.
§11.2 The Contractor shail afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor's activities with theirs as required by the Contract Documents.
AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects.
Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationa! Treaties, Unauthorized reproduction or 9
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
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User Notes: €
5 Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly
) timed activities, damage to the Work or defective construction of a separate contractor.
ARTICLE 12 CHANGES IN THE WORK
§ 12.4 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted
accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner,
Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect,
§ 122 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the
Parties or,in the case of a Construction Change Directive, by the Contractor’s cost of labor, material, equipment,
and reasonable overhead and profit.
‘Contract Sum or-exténsion of the Contract Time and not inconsistent with the intent of the Contract Documents.
é f y written order and shall be binding on the Owner and Contractor. The Contractor
ich written orders promptly.
¢ limits tated in the Contract Documents are of the essence of the Contract. By executing the Agreement
tractor confirms that the Contract Time is a reasonable period for performing the Work.
date of. Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2.
: ) ve §43.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in
the Work, by.labor disputes; fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably
--anticipatable; unavoidable’ casualties Of any causes beyond the Contractor’s control, or by other causes which the
“Architect determines may justify.dela: y, then the Contract Time shall be extended by Change Order for such
‘feasonable time as the Architect iriay ‘determine, subject to the provisions of Section 9.10.
‘: ARTICLE14 PAYMENTS AND-COMPLETION
v/ -§ 14.1 APPLICATIONS For. NT.
°° § 44.4.4 Payments shall be itiade as provided in Article 4 of this Agreement. Applications for Payment shall be in a
form satisfactory to the Architect.
§ 14.4.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
0 later than the time ‘of payment. The Contractor further warrants that upon submittal of an Application for
§ 14.2 CERTIFICATES FOR PAYMENT
§ 14.2.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines
is-properly.due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding
cértification in’ whole or in part as provided in Section 14.2.3,
§ 14.2.2 The issuance of a Certificate for Payment will Constitute a representation by the Architect to the Owner,
based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that the
Work has progressed to the point indicated and that, to the best of the Architect’s knowledge, information and belief, , 0
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to 4 {
) AIA Document A107" — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
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an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to-specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance
of a-Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-
site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, ‘techniques,
Sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect’s Opinion the representations to the Owner required by Section 14.2.2
cannot be made, If the Architect is unable to certify payment in the amount of the Application, the Architect will
notify the Contractor and Owner as provided in Section 14.2.1. The Architect may also withhold a Certificate for
[ red evidence, may nullify the whole or a part of a Certificate for
may be necessary in the Architect’s opinion to protect the Owner from
‘onitractor is responsible, including loss resulting from acts and omissions described in Section
claims filed or reasonable evidence indicating probable filing of such claims unless
ty acceptable to the Owner is provided by the Contractor;
» failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equ G
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
damage to the Owner or another contractor;
8 reasonable evidence that the Work will not be completed within the Contract Time and that the
~-> unpaid balance would not'be adequate to cover actual or liquidated damages for the anticipated delay,
. Or
T- “persistent failure to carry out the Work in accordance with the Contract Documents.
914 4 When the above reasons £6
“previously withheld. -
ithholding certification are removed, Certification will be made for amounts
§ 14:3 PAYMENTS TO THE CONTRACTOR
§ 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the
amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said
Subcontractor is entitled, teflecting percentages actually retained from payments to the Contractor on account of
such Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,
require each Subcontractor to make payments to sub-subcontractors in similar manner.
§ 14.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a
Subcontractor except as may otherwise be required by law.
§ 14.3.3 A Certificate for Payment, a progress payment, or Partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 14.4 SUBSTANTIAL COMPLETION
§ 14.4.1 Substantial Completion is the Stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the (
Work for its intended use. 4
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extent possible under the law. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
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User Notes: (555527366)
see
ee
§ 14.4.2 When the Architect determines that the Work or designated portion thereof is substantially complete, the
Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion,
establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work
and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties Tequired by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated Portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and
Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
the Contractor has delivered to the Owner a complete release of all
“Or receipts in full covering all labor, materials and equipment for which a lien could
to the Owner to indemnify the Owner against such lien. If such lien remains
"nts ae made, the Contractor shall refund to the Owner all money that the Owner may be
lischarging such lien, including costs and reasonable attorneys’ fees.
1¢ making of final payment shall constitute a waiver of claims by the Owner except those arising from:
liens, clain 1s, security interests or encumbrances arising out of the Contract and unsettled;
failuteofthe Work to comply with the requirements of the Contract Documents; or
‘ed by the Contract Documents.
a Subcontractor or material supplier shall constitute a
made in writing and identified by that payee as unsettled at
AND PROPERTY
maintaining and supervising all safety precautions and programs
. perk ct. The Contractor shall take reasonable precautions for safety of,
-and ‘shall provide Teasoriable protection to prevent damage, injury or loss to:
a1 employees ‘on the Work and other persons who may be affected thereby;
2... the Work and materials and equipment to be incorporated therein; and
+3 “other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons and Property and their protection from damage, injury or loss. The
Contractor shall promptly temedy damage and loss to property caused in whole or in part by the Contractor, a
Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
whose acts they may be liable and for which the Contractor is responsible under Sections 15.1.2 and 15.1.3, except
for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of
them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor’s obligations under Section 8. 13.
AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 12
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
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User Notes: (555527366)
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
to bodily injury, tangible property
elf);and provid negligence of a
| purchase from and maintain in a company or companies lawfully authorized to do
which the Project is located insurance for protection from claims under workers’
ployee benefit acts which are applicable,
laims for damages, other than to
air gainst each other for damages, except such rights as they may have to the
Proceeds of such insurance. The Policy shall provide for such waivers of subrogation by endorsement or otherwise.
§ 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other Persons or entities as
additional insureds on the Contractor's Liability insurance under Section 16.1.
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§ 16.4 PROPERTY INSURANCE
§ 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
. authorized to do business in the jurisdiction in which the Project is located, property insurance on an “all-risk"
} policy form, including builder’s risk, in the amount of the initial Contract Sum, plus the value of subsequent
modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at
the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been made as provided in Section 14.5 or until no person
or entity other than the Owner has_an insurable interest in the property required by this Section 16.4 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-
subcontractors in the Project.
§ 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each
policy shall contain @ provision that the policy will not be canceled or allowed to expire, and that its limits will not
il at least 30 days’ prior written notice has been given to the Contractor.
factor waive all rights against (1) each other and any of their subcontractors, sub-
loyees, each of the other, and (2) the Architect, Architect’s consultants, separate
cle 11, if any, and any of their subcontractors, sub-subcontractors, agents and
fire or other causes of loss to the extent covered by property insurance obtained
‘property insurance applicable to the Work, except such rights as they have to
| by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of
iltants, separate contractors described in Article 11, if any, and the subcontractors,
employees of any of them, by appropriate agreements, written where legally required
ch in favor of other parties enumerated herein. The policies shall provide such
rsement or otherwise. A waiver of subrogation shall be effective as to a person or
T entity would otherwise have a duty of indemnification, contractual or otherwise,
premium directly or indirectly, and whether or not the person or entity had an insurable
damaged.
§ ‘actor’ shall promptly correct Work rejected by the Architect or failing to conform to the
requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or
not fabricated, installed :or completed. Costs of correcting such rejected Work, including additional testing and
inspections and coripensation for the Architect's services and expenses made necessary thereby, shall be at the
Contractor's expense.” ©
§ 17.2 In addition to the Contractor’s obligations under Section 8.4, if, within one year after the date of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of warranties established
under Section 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the
Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct
it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the
Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the
condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the
Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty.
§ 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in
accordance with Section 7.3. 4 .
j AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
. All rights reserved. WARNING: This AIA® Document is Protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 14
distribution of this AIA” Document, or any Portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the iaw. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
6/30/2006, and is not for resale.
User Notes: {BERRO 200M
§ 17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed
after Substantial Completion by the period of time between Substantial Completion and the actual performance of
the Work.
§ 17.6 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Article 17.
ARTICLE 18 MISCELLANEOUS PROVISIONS
§ 18.1 ASSIGNMENT OF CONTRACT
Neither party.to the Contract shall assign the Contract without written consent of the other.
§ 18.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
§ 18.3 TESTS AND INSPECTIONS
‘Tests, inspéctions and.approvals of portions of the Work Tequired by the Contract Documents or by laws,
‘Ordinancés, ‘rules, ir orders of public authorities having jurisdiction shall be made at an appropriate time.
Unie: rwisej ‘Contractor shall make arrangements for such tests, inspections and approvals with an
“it -or entity acceptable to the Owner, or with the appropriate public authority, and shall
inspections and approvals. The Contractor shall give the Architect timely notice of
d'inspéctions are to be made so that the Architect may be present for such procedures. The
tests; inspections or approvals which do not become requirements until after bids are
cluded.
STATUTORY LIMITATION PERIOD
tractor, any applicable statute of limitations shall commence to run and any alleged
‘to have accrued:
ater. than the date of Substantial Completion for acts or failures to act occurring prior to the
relevant date of Substantial Completion;
not later.than the date of issuance of the final Certificate for Payment for acts or failures to act
occurring ‘subsequent to, the relevant date of Substantial Completion and prior to the issuance of the
final.Certificate for Payment; and
“3 not later than the.date’of the relevant act or failure to act by the Contractor for acts or failures to act
occitrring. after the date of the final Certificate for Payment.
mend payment for a period of 30 days through no fault of the Contractor, or if the
Ue make payment thereon for a period of 30 days, the Contractor may, upon seven additional days’
~ Wweltténr notice. to the Owrier and the Architect, terminate the Contract and recover from the Owner payment for Work
executed and’for proven I . respect to materials, equipment, tools, and construction equipment and machinery,
including reasonable'ver! ad, profit and damages applicable to the Project.
§ 19.2 TERMINATION BY THE OWNER
§ 19.2.1 The Owner may terminate the Contract if the Contractor:
1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials;
2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors; . ;
3, -_ persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having
jurisdiction; or
4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the
§ 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause Pe 5
15
AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects.
All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prasecuted to the maximum
extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No. 1000186597_1 which expires on
6/30/2006, and is not for resale. ee
User Notes: I5RREO
§ 19.2.3 When the Owner terminates the Contract for one of the Teasons stated in Section 19.2.1, the Contractor shall
"not be entitled to receive further Payment until the Work is finished.
§ 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such ‘excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
“May be, shall be Certified by the Architect, upon application, and this obligation for payment shall survive
termination of the Contract.
ARTICLE 20 “OTHER Cc NDITIONS OR PROVISIONS ,
Kenneth M. Tumlin, President
(Printed name and title)
(Af
Date
[4 a
j AIA Document A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
‘ All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 16
distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This‘ document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on
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User Notes: (B55FO7RC0
Additions and Deletions Report for
AIA Document A107™- 1997
Thi
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AiA text.
PAGE4
AGREEMENT made as of the Seventh day of September in the year Two Thousand and Five
Bishop Duncan Investments, LIC
Great Southern Contractors, I
807 8: Orlando Ave: Suité R
| Winter Bak, FL 32789
Michael Brady
100 Colonial Center Parkway
Suite 120
Lake Mary, FL, 32746
Telephone Number: 407-585-0330
Fax Nurber: 407-585-0336
PAGE 2
Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement fl }
are executed. .
Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997
by The American Institute of Architects, All rights reserved. WARNING: This AIA? Document is protected by U.S. Copyright Law and international 1
Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and
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§ 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 242 days from the date
of commencement, or as follows:
§ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Contract. The Contract Sum shall be $—,-Four Hundred Thirteen Thousand Three Hundred Twelve Dollars & 00
Cents (413,312.00), subject to additions and deletions as provided in the Contract Documents.
Delays not caused by contractor Day $683.00
§ 4.1.1 Based:upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by
each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
ubmit:pay application by the 25% of the month with pay by the 10" of the following month. Applications for
y ll be reviewed ind approved by the Architect and the Owner. General Contractor shall provide partial
alication for payment from previous month payment. Reduce retainage to 5% on next
ation for Payment is received by the Architect not later than the 25th day of a month,
to the Contractor not later than the 10th day of the next month. If an Application for
hitect after the date fixed above, payment shall be made by the Owner not later than
ie Architect receives the Application for Payment.
Final co Final:Contractor’s Affidavit of Conformance and all closeout documents are received. It is mandatory for
*) senant to sign off on punch list that all itmes are completed.
Title of Drawings exhibit:
PAGES
§ 8.6.1 Unless otherwise: provided in the Contract Documents, the Contractor shall secure and pay for the building
permit and other permits‘and governmental fees, licenses and inspections necessary for proper execution and
completion of the Work. . Permit is to be paid for by owner.
PAGE 16
Printed Lie
Kenneth M. Tumlin, President
{Printed namé and title)
a
ate
-_
) Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997
. by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International 2
Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and
will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order
No.1000186597_1 which expires on 6/30/2006, and is not for resale.
User Notes: {(555597286"
Certification of Document’s Authenticity
) AIA® Document D401™ - 2003
I, Shelby Lundin, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 16:47:18
on 09/07/2005 under Order No. 10001 86597_1 from AIA Contract Documents software and that in preparing the
attached final document 1 made no changes to the original text of AIA® Document A107™ — 1997 - Abbreviated
Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the
basis of payment is a STIPULATED SUM, as published by the ALA in its software, other than those additions and
deletions shown in the associated Additions and Deletions Report.
} AIA Document D401™ — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights. reserved. WARNING: This AIA® Document
° is protected by U.S. Copyright Law and International Treaties. Unauthorized Teproduction or distribution of this AIA‘ Socument, or any portion of it, 1
may result in severe civil and criminal Penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
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)
oe
GREAT SOUTHERN
CONTRACTORS
es
See
GENERAL CONTRACTORS
Shoppes Of Lee Road
Proposal Clarifications
6-09-05
1. This proposal does not include any impact fees, connection fees, permit fees,
and underground electric differential electric fees.
3. This proposal is based on the site being accessible to standard construction
equipment. We have not included the construction of any temporary roads to
gain access to the site. ;
4. The owner is responsible for applying for their power, water and electric service
to allow enough time to get these services on site. We will assist the owner in the
interface between the utility companies and the site locations of the point of
connections. However the application for these utilities can only be done by the
owner.
5. This proposal is based on being able to get electric service at the site for
temporary power. We do not include any money for a generator if there is no
electric power available.
6. This proposal is based on being able to get water service at the site for
temporary water. We do not include money in this proposal to truck water onto
the site.
7. This proposal does not include the installation of any telephone cabling or
equipment. We do include the telephone service conduit to the property line, the
telephone termination box and the empty conduits to the tenant spaces.
8. This proposal does not include the installation of any closed circuit TV cabling or
equipment. The plans did not call for any.
Be
807 South Orlando Avenue, Suite R © Winter Park, FL 32789 * FL Lic. #CBC - 028108 #{(407) 699-9399 » Fax (407) 695-7536 « ‘www. greatsouthern-pc.com
~~
“rs”
9. This proposal does not include the installation of any data cabling or equipment.
The plans did not call for any.
10. Once the building is switched over to the permanent power source the power bill
is to be paid for by the owner.
11. This proposal does not include well Pointing or any kind of dewatering. We were
not given a soils report.
12. This proposal does not include removal of any unsuitable soil material should it
be encountered. We were not given a soils report.
13. This proposal does not include any segmented retaining walls or screen walls.
We did not see any on the plans.
14. This Proposal does not include any exterior store signage.
15. This Proposal does not include any hurricane shutters for the storefront system
16. This proposal is based on anon impact glass system for the glass storefront
system.
17. This proposal includes sf of st Augustine grass. Any additional sod will be
added at a cost of $0.32/s.f
18.We have based our bid on fiberglass ductwork.
19. This proposal does not include a temporary construction fence around the entire
Property during construction.
20. This proposal does not include quality control testing.
21.This proposal does not include a fire alarm system.
22. This proposal does not include any fire sprinklers in the canopy of the building.
The plans did not cali for any.
23. This proposal does not include a fire pump if the fire main pressures are not
adequate to Support the fire sprinkler system.
24. This proposal is based on using narrow stile doors.
25. The electrical site light plans for Amscott and Building A conflict. We have based
our bid on the Building A site lighting print.
807 South Orlando Avenue, Suite R « Winter Park, FL 32789 * FL Lic. CBC ~ 028108 +4407) 699-9399 » Fax (407) 695-7536 + www. greatsouthem-ge.com
26. Our Proposal includes all Of the site work in the Building A&C number
27.Our Proposal is based Nn providing fire sprinklers in building A only.
28.We do not include the awning work on Amscot. We interpreted the plans as this
being Supplied by the owner.
29. This proposal is based on using fiberglass ductwork.
30. This Proposal is based on us being awarded all three buildings.
py.
soung
QyOw 237 40 s3ad0H:
SYOLIVYLNOD
NaFHLNOS LvzuD
sam
Gyow 337 40 S3adoHs .
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Holiday Time
Not included in contract time
Thursday & Friday, November 24" and 25""- Thanksgiving
Friday & Monday, December 23 and 26"- Christmas
Friday & Monday, December 30" and January 2"-News
Years
Friday, April 14"- Good Friday
Monday, July 4"- Fourth of July
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GREAT SOUTHERN
CONTRACTORS
||
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GENERAL CONTRACTORS
Amscot Financial Lee Road
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CONSTRUCTION PLANS THE SHOPPES AT LEE ROAD
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LEE ROAD RETAIL DEVELOPMENT BUILD. A
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BUILDING A
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SHOPPES AT LEE ROAD BUILDING C
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807 Bout Onendo' Avenue, Beller
Gasar Sourtann Ger
LAT ‘Winter Pest, FL, 32750 Tue
ROBBINS PLUMBING, INC.
843 Greens Avenue
Winter Park, FL 32789
Phone: (407) 947-9897
Fax: (407) 644-8220
’ TQ: Great Southern Contractors DATE: — May 18, 2006
807 8. Orlando Avenue RE: Buildings A & C Only
Winter Park, FL 32789
. REVISED 07/17/06
CHANGE ORDER #4
THE FOLLOWING CHANGES ARE MADE TO OUR CONTRACT
58) Install 2” PVC Water Main & Connect to Each Unit $ 1,620.00
NET COST OF CHANGES $_1,620.00
| |
CHANGE IN CONTRACT TIME WILL BE INCREASE / DECREASE 0 DAYS
ALL TERMS AND CONDITIONS APPLICABLE TO THE ORIDINAL CONTRACT REMAIN.
UNCHANGED AND APPLY TO ANY CHANGE ORDERS. THIS CHANGE ORDER INCLUDES
ALL EXTRAS TO DATE. ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY
TITLE: VP. DATE: 07/17/06
ROBBINS PLUMBING, INC.
ACCEPTED: TITLE: DATE:
Ss » 98/18/2006 17:19 FAX 6076448220 ROBBINS PLUMBING | Qooz
Gr, ROBBINS PLUMBING, INC.
843 Greens Aveaus ss
Ses Winter Park, FL 32789 (447 *
Phons:. (407) 947-9897 _——
Fax: (407) 644-8220
TO: Great Houthan Gontmect DATE: © May 18, 2006
RE: Buildings A & C— Lee Road
. CHANGE ORDER #4
OWING CHANGES ARE MADB TO OUR CONTRACT
24) P \ Water Main & Connect to Bach Unit $ 7,200.00
NET COST OF CHANGES: §_7.200.00
TIMB WILL BE INCREASE / DECKBASE 0 DAYS
TO THE ORIDINAL CONTRACT REMAIN :
ORDERS. THIS CHANGE ORDER INCLUDES _
MUST BE AUTHORIZED IN WRITING BY
TB: _VE DATE: 05/18/06
DATE:
ON
APPL . ION AND CERTIFICATE FOR PAYML...
SUBMITTED To: Bishop Duncan Investments, LLC PROJECT: Shoppes of Lee Road APPLICATION NO: 09
1321 Edgewater Drive
Orlando, FL 32804
APPLICATION DATE: 6/25/06
FROM: Great Southern Contractors
807 South Orlando Avenue, Suite R
Winter Park, FL 32789
CONTRACT FOR: General Construction
PERIOD TO: 6/30/06
ARCHITECT: Michael Brady
; PROJECT NO: 55013
100 Colonial Center Parkway, Suite 230.
‘ CONTRACT DATE:
Lake Mary, Fl. 32746
INVOICE NO: 09
ARCH PROJ NO:
the best of the Contractor's knowledge, ORIGINAL CONTRACT SUM.............. sesetntctststtuetetetne $___1,970,491.00
information and belief the Work Covered by this Application For Payment has been completed in
accordance with the Contract Documents, that all amounts have been paid
NET CHANGE BY CHANGE ORDERS (See Attached CO List
by the Contractor for Work for which previous Certificates for P;
$ 127,015.00
Payments received from Owner, and that current payment shown herein s nowy due. an CONTRACT SUM TO DATE : $ ___2,097,506.00_
TOTAL COMPLETED AND STORED TODATE $___1,629,037.25
WAIVER & RELEASE OF LIEN RETAINAGE:
ne above project nee aqreomentaan sae aber, SeMees materials, OF equipment for 12% OF COMPLETED WORK $___ 159,953.73
The Undersigned does hereby waive and release all bond ciaims, liens, claims, or right of 10_% oF sToReD MATERIAL § ——2,950.00_
Facet ws 9 mayne SEAN BORG Ow mF worn penny
$ 162,903.73
—__162,903.73_
i eseeteeuseeceenecnseeetntcaseetases $ __1,466,133.52
: . . . TOTAL EARNED LESS RETAINAGE
, together with any. previous payment(s) already received but excluding any
— 9.92
E or equipment provided after the application period Y PURCHASE ORDER $ 0.00
date stated above. The undersigned agrees that in exchange for receipt of the above amount “ESS OWNER DIRECT PAYMENT ®
for labor, Services, materials, or equipment as described herein, he does hereby grant this LESS PREVIOUS CERTIFICATES FOR PAYMENT ............... $ 1,294, 546.72
felease unconditionally. : :
CURRENT PAYMENT DUE oo. ccscccsceuntusunmec cc, $ 171,586.80
BALANCE TO FINISH INCLUDING RETAINAGE 3 631,372.48
The person Signing below does hereby certify that he/she is fully authorized and empowered to
execute this instrument and to bind the Undersigned hereto, and does in fact $0 execute this
instrument. State of: FL
JOY'L RAGLAND
, Commit DD0553638
Es Expires 6/16/2010
oF Florida Notary Assn Inc
weees
Resnccnncccevevcasncsacscannesoceecsnacenese:
County of: Orange
Great Southern Contractors Subscribed and swom to before
; me this Monday, June 26, 2006 .
Signed:
Name,Title__ Kenneth M. Tumi NOTARY eal y/ fl
Dated: June 26, 2006 Explr / /G
— ne 26,2006
My Commission
SUBM.
2M: Great Southern Contractors
wt
807 South Orlando Avenue, Suite R
Winter Park, FL 32789
MINAL UU
— IN
PROJECT: S,
N*SAG | PAGE 2.1
.t Lee Road
CONTRACT FOR: General Construction
CONTRACTOR'S PROJECT NO: 55013
—
OF:
APPLICATION NUMBER: _ 09
APPLICATION DATE: _ 6/25/06
Sao
PAGENO:___2.1
ARCHITECT'S PROJECT NO: PERIOD FROM: __6/1/06 to; 6/30/06
A 8 il c il D a 6 [ H |
ITEM | DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE
NO. VALUE ______ THIS APPLICATI AND STORED % TO FINISH
PREVIOUS STORED TO DATE GiC (C-G)
iZ iz APPLICATIONS | WORKIN PLACE MATERIALS {D+E+F)
01 | Mobilization 6,000.00 6,000.00 0.00 0.00 6,000.00 100% 0.00 600.00
02} Supervision . 21,784.00 20,125.00 20,125.00| 92% 1,659.00 2,012.50
03 | General Conditions 24,346.00 17,043.00 2,434.00 19,477.00] 80% 4,869.00 1,947.70
04 | Earthwork 147,616.00 147,616.00 147,616.00] 100% 0.00 14,761.60
05 | Storm, Sanitary & Water 117,575.00 110,411.25 110,411.25} 94% 7,163.75 11,041.13
06 | Fireline 20,775.00 18,697.50 18,697.50) 90% 2,077.50 1,869.75
07 | Paving 160,800.00 0.00 0.00! 0% 160,800.00 0.00
08 | Landscaping 58,000.00 5,096.00 5,096.00] 9% 52,904.00 509.60
09] Fencing 3,348.00 0.00; 0.00/ 0% 3,348.00 0.00
10] Concrete 139,000.00 139,000.00 139,000.00] 100% 0.00 13,900.00
11] Masonry 88,500.00 88,500.00 88,500.00] 100% 0.00 8,850.00
12| Structural Steel 191,000.00 191,000.00 191,000.00} 100% 0.00 19,100.00
13 | Wood Package 9,700.00 9,699.50 9,699.50] 100% 0.50 969.95
14| Rough Carpentry 8,640.00 8,640.00 8,640.00] 100% 0.00 864.00
15 | Roofing 136,200.00 90,186.00 36,014.00 126,200.00} 93% 10,000.00 12,620.00
16 | Waterproofing 5,508.00 0.00 0.00; 0% 5,508.00 0.00
17) HM Doors & Frames 13,117.00 2,550.00 2,550.00] 19% 10,567.00 255.00
18| Glass & Glazing 95,000.00 25,000.00 10,567.00 |. 29,500.00 65,067.00} 68% 29,933.00 6,506.70
19| Stucco 72,021.00 0.00 72,021.00 72,021.00] 100% 0.00 7,202.10
20 | Drywall 203,127.00 172,658.00 172,658.00} 85% 30,469.00 17,265.80
21 | Acoustical Ceilings 21,600.00 0.00 0.00] 0% 21,600.00 0.00
22] VCT Flooring 2,653.00 0.00 0.00} 0% 2,653.00 0.00
23] Painting 16,278.00 0.00 0.00} 0% 16,278.00 0.00
24 | Misc. Specialties 3,765.00 0.00 0.00; 0% 3,765.00 0.00
25 | Awnings 11,081.00 0.00 0.00! 0% 11,081.00 0.00
26) HVAC 88,452.00 73,440.00 73,440.00} 83% 15,012.00 7,344.00
27 | Plumbing 14,900.00 9,950.00 9,950.00] 67% 4,950.00 995.00
28} Fire Protection 17,849.00 17,849.00 17,849.00] 100% 0.00 1,784.90
29 | Electrical 271,856.00 196,802.00 26,120.00 222,922.00) 82% 48,934.00 22,292.20
0.00 0.00 ? 0.00 0.00
0.00 0.00 ? 0.00 0.00
0.00 0.00 ? 0.00 0.00
i 0.00 0.00 ? 0.00 0.00
Contract Page 2.1 Totals} $1,970,491.00 $1,350,263.25 $147,156.00 $29,500.00} $1,526,919.25| 77% $443,571.75] $152,691.93
SUBM:: _
CONTRACT FOR: General Construction
OT
ot
02
03)
04!
06
17
19
20
05!
18 i inst. 4 roof drains, COR 22
: Page 3. 1 Change Order Totals
ee
3M: Great Southern Contractors
807 South Orlando Avenue, Suite R
Winter Park, FL 32789
B
DESCRIPTION OF WORK
‘Additional Permit Fees
| Add silt fence per bldg inspector |
i
|
Silt fence, mve dirt @ Shader
Leveling of dirt on Shader Rd. |
Stained block to split face, |
Drywall price increase; COR 11 |
Dewatering, COR 12
Additional Dewatering, COR 19 | i
Water Fountains, COR 15 |
insulation, COR 20
install Grease Line, COR 14
Upgraded light fixtures, COR 17
Fab & inst. 13 awnings, COR 18
Inst 2” pvc water main, COR 21
Glass change, COR 23
Add'l deck, COR 13
Change Order Grand Totals
Original Contract Totals
ij
Project Grand Totals
!
Vo
i
VOANGE UIE XS PAGE 3.1
PROJECT: Si. yp
of Lee
Road
PAGE NO:
3.1
=o
OF -
APPLICATION NUMBER: __09
CONTRACTOR'S PROJECT NO: 55013 APPLICATION DATE: _ 6/25/06 ay
ARCHITECT'S PROJECT NO: PERIOD FROM: __6/1/06_To:__ 6/30/06
ee ee a eS oi. 4 | 1
(CHEDULED | ~ WORK COMPLETED — \TOTAL COMPLETE |” BALANCE RETAINAGE |
VALUE THIS APPLICATION “| AND STORED % | TOFINISH |
| PREVIOUS po {"" STORED” | TO DATE GIC ; (C-G) |
aoa APPLICATIONS | WORKINPLACE | MATERIALS | (D4E*F) |
"495.00! ‘500, 0.00; 0.00) 495.00] 100% | 0.00 19.50:
4,174.00) 4,174.00; 4,174.00! 100% | 0.00! 417.40:
0.00; : : 0.00, 7? 0.00! 0.00:
0.00 | 0.007! 0.00 0.00:
23,113.00 23,113.00; i ; 23,113.00] 100% | 0.00] 2,311.30:
2,244.00) 2,244.00; : ! 2,244.00) 100% | 0.00! 224.40;
0.00 : ; 0.00] 7! 0.00; 0.00
12,887.00 12,887.00 12,887.00; 100% | 0.00 1,288.70:
5,665.00 5,665.00 5,685.00| 100% | 0.00; 566.50!
20,845.00 20,845.00; i i 20,845.00 | 100% | 0.00 2,084.50:
13,899.00 13,899.00 ; | 13,899.00! 100% 0.00 1,389.90!
11,444.00 5,100.00 1 5,100.00] 45% 6,344.00 510.00:
12,279.00 0.00}. ' 0.00! 0%| 12,279.00! 0.00!
729.00 0.00 | 0.00} 0%/ 729.00 | 0.00,
4,981.00 0.00 1 0.00} 0%; 4,981.00 0.00!
6,564.00 0.00 | 0.00] 0% 6,564.00 0.00:
6,059.00 0.00 6,059.00! 6,059.00} 100% | 0.00} 605.90 |
2,160.00 0.00 2,160.00 2,160.00} 100% 0.00 216.00;
-3,000.00 0.00 3,000.00! 3,000.00} -100' -6,000.00 300.00 |
2,777.00 0.00 2,777.00 2,777.00| 100% 0.00 | 277.70 '
0.00 0.00 2; 0.00! 0.00;
0.00 0.00} 7? 0.00 0.00!
0.00 0.00, 2 0.00 0.00:
0.00) 0.00; 2; 0.00 0.00:
! 0.00 i i 0.00 ? 0.00} 0.00/
| :
0.00 0.00 ? 0.00 0.00;
0.00! | 0.00| | 0.00: 0.00
: 0.00] i 0.00! ? 0.00) 0.00!
0.00 0.00 2 0.00! 0.00:
- ee ee. at ee _ H i i
_ $127,015.00 - $88, 122.00 $13,996.00! | _ $102,118.00] 80% | $24,897.00, $10,211.80.
ne nena Uae aon , | i
$127,018.00 $88,122.00] $13,996.00 ' $102,118.00; 80% $24,897.00, $10,211.80
| t : i .
1,970,491.00! 4,350,263.25 147,156.00! 29,500.00; 1,526,919.25! 77% ; 443,571.75! 152,691.93
eee a nn eee wee ee aoe i ' . .
$2,097 506. 001 $1,438 385.25" $161,152.00: $29,500.00: $1,629,037.25! 78% ' $468,468.75, $162,903.73
WAIVEK AND RELEASE OF LIEN
| FROM: Kenneth M. Tumiin To:
Great Southern Contractors Bishop Duncan Investments, LLC
807 South Orlando Avenue, Suite R 1321 Edgewater Drive
Winter Park, FL 32789 Orlando, FL 32804
CONTRACT DATE:
PROJECT NO.: 55013
PROJECT: Shoppes of Lee Road
WHEREAS THE UNDERSIGNED contractor has provided labor,services, materials, or equipment for the ©
above project, under an agreement with: Bishop Duncan Investments, LLC
PARTIAL WAIVER AND RELEASE: In consideration of partial payment for labor, services, materials, or
equipment provided in the amount of: $171,586.80 :
COVERING THE FOLLOWING APPLICATION FOR PAYMENT:
Application No,: 09 Application Date: 6/25/06 ;
Together with any previous payment(s) already received but excluding any retainage or any labor, services,
' materials, or equipment provided after the date of: 6/30/06
THE UNDERSIGNED DOES HEREBY WAIVE AND RELEASE all bond claims, liens, claims, or right of
claim, or right of lien, statutory or otherwise, against the property, project, Owner, or any other person or
entity who is or may be claimed to be liable, or any sureties, for labor, services, materials, or equipment,
as provided by the Undersigned, but only to the extent of payment received, as indicated above.
UNCONDITIONAL RELEASE: Upon receipt of payments as indicated above the undersigned will grant
this release unconditionally. ‘
]
State of: FL
County of: Orange
Subscribed And Sworn To Before Me This
June 26, 2006
THE PERSON SIGNING below does hereby certify
that he/she is full authorized and empowered to
execute this instrument and to bind the Undersigned
hereto, and does in fact so execute this instrument.
Great Southern Contractors
807 South Orlando Avenue, Suite R
Winter Park, FL_32789
Notary Public:
My Commission Expires:
OTC DRAGLAND
Comm# 000553638
gum
i & Expires 6/16/2010
H en Florida Notary Assn inc
peer eucenee. aesreezen apnecaapsusouseascaeses
Kenneth M. Tumlin 6/26/06
®
=
ZF
RIVE Ky Current Date: September 17, 20°~
} gisHoP OF UNA ENE uc : 5148
i
5 me Zire
a] FAY. ro ,
A Bio (oMad Stir fon cute! $ 171,560.52
A
i
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Ajug ysodeg 104
oe
Our Suu UHieiIUY AvOliUS, eM TN
Grear SourHERN : . Winter Park, FL. 32788
Phone): 407-698-8399
CONTRACTORS S Pen 407-685-7536
{ GENERAL CONTRACTORS CBC - 028108
_ CHANGE ORDER / PROPOSAL ( QUOTATION
PROJECT: ShoppesofLesRoad SS , PROJECT NO,: 55013
lauore No.: 31 DATE QUOTED: 07/16/06 DAYS ALLOWED
— poe oe FOR APPROVAL:
Le ee eee — oo
“To: John Thomas
Bishop Duncan Investments, LLC EXPIRATION DATE: 07/16/06
1321 Edgewater Drive : ADDITIONAL BAYS
Orlando, FL 32804 POR COMPLETION OF
(Phone) 321-257-0913 (Fax) 407-804-1222 tt ‘THE CONTRACT: '
DESCRIPTION: — i —— in|
install 6" Sewer Main for Bulliding C and Amscat Including Connection
SUB / VENDOR WORK DESCRIPTION
C—
aSecien See Civils 7oFi/,
Skouln earl vecp f Lateqal
Co A OVE se \ad> Coe Dora Lane
ROBBINS PLUMBING, INC.
843 Greens Avenue
Winter Park, FL. 32789
Phone: (407) 947-9897
Fax: (407) 644-8220
TO: Great Sonthem Contractors DATE: July 6, 2006
807 S. Oriindo Avenue RE; Buildings A & C - Lee Road
Winter Park, FL 32789
CHANGE ORDER # 8
THE FOLLOWING CHANGES.ARE MADE TO OUR CONTRACT
L. Install 6” Sewer Main for Building “C” and Amscot, Including Connection
* No De- Watering Included
NET COST OF CHANGES $-4:800:00 |
CHANGE IN CON TRACT TIME WILL BE INCREASE / DECREASE 0 DAYS °
ALL TERMS AN) CONDITIONS APPLICABLE TO THE ORIDINAL CONTRACT REMAIN
UNCHANGED AND APPLY TO ANY CHANGE ORDERS, THIS CHANGE ORDER INCLUDES
ALL EXTRAS TX) DATE, ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY
ROBBINS PLUMI sei
: TITLE: _VP. DATE: 07/06/06
Lage PI. UMBING, INC,
ACCEPTED: __ TITLE: DATE:
ROBBINS PLUMBING, INC,
843 Greens Avenue
Winter Park, FL 32789
Phone: (407) 947-9897
Fax: (407) 644-8220
TQ: Great/Southen: Contractors ‘ DATE: Tully 6; O06
207 S Orlandé Avenue - RE: A & C— Lee Road
Winter Park, 032789
CHANGE ORDER #8 -
‘THE FOLLOWING CHANGES ARB MADE TO OUR CONTR
Intl | Sower Main for Building “C” a Amsco, dike Connection
srvend Watering Included
NET COST OF CHA NOE g eines
‘TIME WILL BE INCREASE / DECREASE 0 DAYS
a. ll
IONS APPLICABLE TO THE ORIDINAL CONTA REMAIN
TO ANY CHANGE ORDERS, THIS. CHANGE ORDER INCLUDES
ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY
Se:
No ‘TWLE VP, DATE: 7/06/06
ree
Bs ere
rs
ES)
fad
oo
es
a
ACCEPTED: TITLE: «DATE:
807 South Orlando Avenue, Sults R
wnse! POUTHERN Winter Park, FL 32789
. (Phone) 407-699-399
Conrracrors . (Fax) 407-895-7535
CBC - 028105"
GENERAL CONTRACTORS
Pe S———— sre anna! . 8 tonya.
ES EEE 1 ee
“PROJECT: Shoppes of of Lee Road PROJECT NO: 55013
UOTE NO.: 36 DATE QUOTED: 08/08/06 DAYS ALLOWED
St ee es, SE FOR APPROVAL:
TO: John Thor Thomas
Bishop Duncan tnvestments, LLC EXPIRATION DATE: 08/08/06
1321 Edgewater Drive t ADDITIONAL Days
Onando, FL 32804 | FOR COMPLETION oF
| THE CONTRACT:
0 ——————————— =
[suecowTmAactons/veN (VENDORS ‘SUB / VENDOR WORK DESCRIPTION .
SSS Seen Seatteee SS:
. REAT SOUTHERN i CONTRACTORS
7
tl) TECH DRIVE, SANFORD, FL 3277+
Fie Sprinklers, inc. (407) 328-3000 FAX (407) 328-3001
Bf! / Je
Aupust 8, 2006 ( fk, OD
Stephanie Clodfelter (} ; i Z ’ . } o
Great Southem Contractors ¢ a
Phone: (407) 690 $388
Fax: (407) 695 7538 /
a (ae YO
RE: SHOPPES AT LEE ROAD RETAIL BUILDING A fo
ORLANDO, FLORIDA
DELTA CHANGE ORDER NO. 06.0077.ANI L/ 5
7 VY oD
. / i
Please accept our change order request for the aforementioned job.
Work order description & price:
Change (22) exieting pendent sprinklers to uprights on end sultes to accomdate new ceiling arohitectural
changes. .
ADD.......-. $3,040.00
Please tex to our office your acceptance of this change order along with any standard paperwork you utilize for
processing.
Adi
Vice President
ene
Signature Printed Name
Tn
Date Title
Della Fire Sprinklers Change order 06-0072.AM
Cornmercial « Residential » Induatrial
Design + Fabrication » Inatallation » Maintenance * Inspection
ae
an 1 328-3000
Fax; (407)
RE: SHOPPES AT LEE ROAD RETAIL BUILDING A
ORLANDO, FLORIDA
DELTA CHANGE ORDER NO. 08-0077.AM
prease eocept our chenge ord recyest forthe aforementanad fb,
Work order description & price:
WH Teck DRIVE, SANFORD, FL 32771
FAX (aor) 328-2001
Change (82) existing pendent sprinklers to uprights on and suites te aocomdate naw calling aronttectural
changes.
ADD, .asere ee $ 3,840.00
vom trocar ow yr seta of ia cane oe son ih any sarod paper YO utilize for
Ri f
Delta Fre
‘Adam
Vide Preskient
Signature. Printed Name
Date . Tite
Data Fire Sprinklers Change order 06-0072.AM
Commercial © Residential » Industrial
Design « Fabrication « Installation © Maintenance * Inapection.
gD
cf)
- eee real
Conrracrors
GENERAL CONTRACTORS
wr ouuut UHando Avenue, Suite R
Winter Park, FL 32789
(Phone) 407-699-9399
(Fax) 407-695-7536
CBC - 028108
PROJECT: Shoppes oft Lee Road
QUOTE NO,: 46
DATE QUOTED: 10/3 1708 { |
TO; John Thomas
Cresent Resources
300 Primera Bivd., Suite 140
eran
|
{
1
Tmt oT ott J os
EXPIRATION. DATE: 10/31/06
\ ADDITIONAL DAYS
Lake Mary, FL 32746 FOR COMPLETION OF
L____(Phone) 407.804. 1200 00 (Fax) )_ 407-804-1222 i
amare een eraeen ameter
PROJECT NO.: 55013
DAYS ALLOWED
FOR APPROVAL:
THE CONTRACT:
DESCRIPTION:
' Make the sanitary repairs for the incorrect elevations,
| SUBCONTRACTORS j VENDORS
=
|
SUBTOTAL: |!
FEE Pr PERCENT: aut 10% |
$16,073)
$1,607
"847,680
INSUR, &BOND:) i 24
$354 |
4
—
| TOTAL} REQUEST AMOUNT:
C&C SITE DEVELOPMENT, INC.
680 North State Road 415
Osteen, Florida 32765
(407)688-2657 FAX (407)688-2658
CHANGE ORDER REQUEST
To: Great Southern Contractors Date: . 10/31/2006
Attention: Stephanie Clodfelter
JOB NAME AND LOCATION:
Shoppes @ Lee Rd.
hereby agree to make the following changes’
SANITARY LINE REPAIRS
104 LF - remove/reptace 8" SDR35 (between tie in & Manhole #1
1 BA - Backhoe (2) days
1 EA - Utility crew (2) days $ 6,624.00
Repair sewer line between manhole #1 & #2
1 BA - backhoe (1) day
2 BA - Utility crew (1) day $ 3,060.00
Remove/replace 53 LF sanitary line between manholes #2 & #3
1 BA Backhoe (1) day
2 EA - Utility crew (1) day $ 3,329.00
Repatr sanitary line between manholes #2 & #4
1 BA - Backhoe (1) day
2 BA - Utility crew (1) day $ 3,060.00.
TOTAL CHANGE ORDER 16,073.00
aan
SUBMITTED BY: ACCEPTED BY:
Al Courter , President Great Southem Contractors ;
C & C SITE DEVELOPMENT, INC.
“ 680 North State Road 415
Osteen, Florida 32765
(407)688-2657 FAX (407)688-2658
CHANGE ORDER REQUEST
To: Great Southern Contractors Date: 10/24/2006
Attention: Stephanie Clodfelter
C & C SITE DEVELOPMENT, INC. La lw
JOB NAME AND LOCATION:
Shoppes @ Lee Rd.
We hereby agree to make the following changes:
SANITARY LINE REPAIRS
104 LF» remove/replace 8" SDR3’ (between tle in & Manhole #1 “s
LEA - Backhoe (2) days
1 EA - Utility crew (2) cays $ 5,424.32
Repair sewer line between manho} : 41 & #2 ‘
1 EA - backhoe (1) day
1 EA - Utility crew (1) day $ 1,760.00
Remiove/replace §3 1 sanitary betwer wholes #2 & #3
1 BA ~ Backhoe (1)
1 EA - Utility crew. 1) day $ 2,029.24
— Repair sanitary tine between m: 19g #2.
1 EA ~ Backhoe (1) day
1 BA - Utility erew (1) day $ ‘1,760.00
WATER LINE REPAIRS , .
(5) days pressir= testing@$} 2.08 pers! $3 6,960.00
Repair leak 41
2 EA - 8" Gate valves
1 BA - Utility crew (1) d> $ 3,568.00
Install new fire hydran!
1 BA - ire hydrant
1 EA - Backhoe (2) days
1 EA - Utility crew (2) days $ 3,708.00
Repair leak #2 @ PIV
1 BA - Backhoe (1) day
| EA» Utility crew (1) day § 1,504.00
TOTAL CHANGE ORDTR 28 "13,56
SUBMITTED BY: ACCHRTED BY:
Al Courier , President Great Southern Contractors
“—" C&C SITE DEVELOPMENT, INC,
Lt}
T7770 POND 4 F428 oo
4078041222
12:01am = From
i
-SUBMIFTED TO: Bishop Duncan investments, LLG. PROJECT: Shoppes of Lee Road
ment APPLIGATION MD: 45
: igawater “
Oriando, FL aob0e APPLICATION DATE: 42/31/08
. ; PEMUL IC jontne
FROM: Great Scuteem Contractors ARENITECT: Michel Grea. PROJECT NO: 4
807 South Orlando Avenue, Suite R 100 Colonial Center Parkway, Suite 230 CONTRACT DATE: mt
Winter Pash, FL. 32789 ; Lake Mary, FL 32746. nACT DATE:
CONTRACT FOR: General Construction ARCH PROUNO: : : INVOICE No: 45,
ORIGINAL CONTRACT a 970,491.00
acy, us Application For Paysaent has bean completed : 7 : ;
in accordance with tha Contract Cecum é NET CHANGE BY CHANGE ORDERS SaeAllachetcotisn 5 196,697.40
Cantificates for Payment ware lasued and
Payments received froma Qumer, and that current payment shown harain ig new due. CONTRACT SUM TO DATE omeermitirnnsmnninaimenmnan $ __ 24G8,588.00
: : TOTAL COMPLETED AND STORED To DATE cwimeuimene $+ 2,162.235.50
WAIVER & RELEASE OF LIEN __ --—... .. _.., [RETAINAGE: ee ee ee
~ sahove rat an sae EB re iy eet OFCOMPLETED WORK $__atmoosas
| cece rane cicams sermons ¢ a res
sri rata in aoe ero ie eee” rontmecuesionae nt ees !
Tecelved, as Indicated hersin, together with ony previous paymeni(s} airaady received but Teeeremtanereneonenearntan “— . :
applcalon een age oF ty bor, “he undaragnod agregar emo re pt “ESS OWNER OIRECT PAYMENT BY PURCHASE ORDER — § —____ 0.00
does take grants retinas nea or equipment as described herein, he LESS PREVIOUS CERTIFICATES FoR PAYMERF ceicccsson 820 .
. CURRENT PAYMENT Bue
Tha parson signing below doag hereby certify that halshe Is fully authorized and empowered tg
Sxecixe this instrument and to bind the Undersigned hereto, and does in fact so execule Ihis
nsirument,
Nama,Tite: Kennalh b. Turntin
Senouy iene Foy CUT
QT¢FT aru
CHANGE ORDERS PAGE 3:4
* SUBAUTTED FROM: Great Southem Contactors
PACENO! a4 =
PROJECT: Shoppes afies Road Od
807 South Ovfando Avenue, Sule R . APPLICATION NUMBER: 15
& . Winter Park, FL 32789 CONTRACTORS PROJECT NO: 55013 APPLICATION DATE: _12/4/08
a. GONTRACT For: Genarai Construction . ARCHITECT'S PROJECT No: , PEFEGM view. Faria _, toa
: . : TTT et ets ese ieee Tur ira Aute
as fsa. {oats a ; oe
= | zari ESCH HUN GE WORK | . . TOTAL coMpLERE, —~ -—-— —
3 | NO, i SC EDULE ° |- ~ ; 1 ME SIORED % |
- . 4d “= STORED Tt TOBATE ac |
= | | jar msc MATERIALS | Des)
= r 01) Additional Parmit Fees j Taaal , - 0.00 ao0 - 195.00) 100%
~ Fa Add silt fence per bldg Ins ; 4,174.00 4,174.00! . | 4,174.00! iga%!
| 03. Plans Show 3 42° drains ' 70700; - 307, | 707.90| 700%
84 | Sanitary Sewer & Water 7,708.00 708.001 . 7,708.00] 100%
95 | Silt fenca, mve dist @ Shader 23,113.00, -23.413.09 i 23,113.00 100%
| 06) Laveling of dirt on Shader Red. aztsae| 2,244.00 | ! 2,244.00} 100%?
s: o7| | 7 860 1 aor =?
> | 08) Chagd block to spit lace, COR 12.887 00} 2887; qe Le. 42,887.00) 200% —.-—-.
= — |—00 Drywall pries increase; COR 41}—-- ~~ 5,688.00f ~*~ 5,866.04| a : 5,465.00] 100%,
Sj tol Dewatering, coR 12 | 20,845.00) 20,846.00 | 20,845,06' 100%
| | MyAdditona avatering, COR 19, tsagps. ao T3E00.09 ‘300.0 100%
12} Water Fountains, COR 15 | 14,444.00! 11,444.00 | 11,444.00} 400%
13! Insulation, -COR 20 | 42279, 12,279.00 | 1 22270.00; 10034!
| 14) Install Grease Line, COR 14 72040 729.09) . 720.00 1o0%j
; 15] Upgraded light fixtures, COR + 4,981.00 4,881.00 : 4.981.00' 400%
16! Fab & Inst. 13 ewnings, COR 4 6,564.00 6584.0 | i 8,564.CO| 190%
17 (Inst 2* pve water main, Sona - 6,059.00 606009 { 8,059.99] 1c0%
; ihn fooF draine, COR 22 2,180.00; 2,286.00 | 2,760.00; 100%
; | 191¥OID COR 23 - 0.00 7a | oo ?
20] Add! deck, CoR 13 2,777.00 2,777.00 i - j 2,777.00| 100%
; —-2tlagd column Chases, COR 30 3,142.00: 3,142.09. | | 3,142.00] 400% '-
22)}Chg 32 Sprinkler Heads, COR 4,224.00 4.224.900 4,224.00) 100%,
23] Thustco Sank, COR 16 12,502.00] 12. 502.09 42, 100%
24} Light gaune team, COR 44 11,079; 14,073.00 | 2007] 100%.
25{Liltle Cagsars, GOR 43 ! 20,507.00) 20,507.00 I 20,507.00} 100%
5 26) Adet drywall 2 units, GOR 36 j 5,722.00 5,722.00 5,722.00; 100% .
= 27) Fix Sawat @ Pointof | 9,017.00, 9,017.00, | | 9,017.00) 100%, :
28] Awning for Trustee Bank 6.04.9 ara 5,864.00 8,884.00) 100%] 0]
= 20; Change arder for exp baad 4 9,840.09 9,849.¢0} 9,649.09! 100% caol Oa,
if | Page 3.4 Change Order Tota i $223,130.0 $217,266.00) #5.54.00), . $0.00) $222,120.09] to0%| $0.60) $21,348.10]
| ; Change Crier Grand Totate $196,097.00 RITA Tea an stoners Tit. teers coe vita PEt SA, 105
: : OE TE CSTE cag NACE MEe.OU} 40,008.00} 0.00! 4967.442.501 toom: 3348,50' 198,744.05"
3 i t Project Grand otal $2,166,588.00'” $2,163 208.50! $88,327.09; $0.00) $2,762,23650 tn0% ¥4,362.50;
= 1 —_— = Te — ae eet —~- =: -—
. $219,062.35)
aro
CHANGE ORDERS PAGE 3.2.
: PAGENO: 32 OF 4
* SUBMITTED FROn: Great Southern Contactors PROJECT: Shoppes of Leg Read ~————
, 807 South Onande Avanua, Suite R APPLICATION NUMBER: 16
2 Winter Park, Fi. 32789 CONTRACTOR'S PROJECT No: ssota _ APPUICATIONDATE: 1281108
z CONTRACT FOR: General Construction ARCHITECTS PROJECT No: ERI eREE. is aa,
~ ts T ~~ ee _ - on :
BS fe i. Speer eee a Ss) i
2 ie ; SESCRIFTiGn Ur WORK |
= | te | a
5
4078041222
sooa.ce! a0%| sg apf 0.00}
J 4280.00} 3,250.00 400%". 2.00 0.00
1,827.60! @.00- 4,827.00 i 1,627.00] 400%; 0.00; 0.09
| 0.00} : | i 0.00! —9| 0.00 ool
| 0.00 i 000} 2 0.00: 0.00
| : | ” 0.00, | Ono; =? 0.06 0.00)
oso | B00; 2 0.00 8.00
| | oo! ooal 2 6.00 0.00
0.08 : aco! > 0.00 a
| | ozo] | 0.00; 9° ogo 0.09)
j - 0.00. ' | 0.00| 3 2.0| 0.09.
| 0.00} o00 9} 9.00 0.09]
| | - 0.00 0.00} 2. 6.00} 0.00
; 0.00" | @.00 | 0.00 0.00)
| | 0.ca} | . G00, 7 0.00; 2.00
: | | 0.00 ocol 2 0.00 0.00
. : O.08- | o.09° ? ~ Qe0 a.
| 0.00 ao) 7! 0.00 0.00
| | 0.00 : so 0.00} 2 o.o| 0.00
0.000 ‘ | 000° 7 0.00' ODO,
| | 0.00 | : : 8.00; 2° 0.06 a.oo|
: | 6.¢0 | ooo}? 6.00! 200
bj occ! | 6.00! ? &.00 0.60)
= | | ; | | 0.00 | 2 6.00 9.00
: j ; 0.00 ; . 0.00 A ; 0.00! ane.
5 | I 6.00 t . 2.00, 7! 0.90 O00] -
a! | Page 3.2 Change Ordor Tet ~$27.033.00/ $40,500.00 543 $0.00) ‘St.0%7 09 | 104%] $1,004.00 $0.00
. | Ghange Onter Grand Totate $198.097.90, $17A7aR an Manezen See ti Deter £5 1,990.74)
7 EET petas ene 42,000.00 0.00" 1,967,142.50] 100%) 3,348.60° 196,714.25,
3
3 Project Grand Totalal §2.166,588.00 32,103,906.50 $68,327.00 50.00 $2,162,295.60, 100% $4352.50] S2tagensel
I-e00 PAOOB/OG Rg
ERO ee ee SSS ne
FROIA: Kenneth M, Tumiin To:
Great Southern Contractors . ’ Bishop Duncan Investments, LLC
f 807 South Orlando Avenue, Suite R 1321 Edgewater Drive I
[ Winter Park, FL aa7e9 "| Orfando, FL az804 4
» ft
PROJECT NO.: 65013 CONTRACT DATE:
PROJECT: Shoppes of Lee Road
WHERIAS THE UNDERSIGNED rontractor has provided labor. services, Taterials, or equipment :+ the
Above project, under an agreement with: Bishap Duncan Investmenta, LLC
| PARTIAL WAIVER AnD RELEASE: In consideration of partial payment for labor
equipment provided in the amount of: — $63 744 95
COVERING THE FOLLOWING APPLICATION FOR PAYMENT:
Vk
Services, materi; js, or |
! Application No.: 18 Application Date: 12/31/04
Together swith any previous payment(s) already received but €xqluding any retainage or any labor,
Servicas, mitertals, or equipment provided after the date of: 12/31/06 - .
Bit DOES HEREBY WAIVE AND RELEASE all! band claims, fiens, claims, Or tig.” ! of
claim, or right of lien, Statutory or otherwise, against the property, project, Owner, or any other Perse: | or
entity whe ig or May be claimed to be liable, or any sureties, for tabor, services, Materials, or equip ; tt, !
45 Provided ay the Undersigned, but Only to the extent of Payment received, as indicated above.
RELEASE: Upon receipt of payments 4 indicated above the undersigned will gi iat | ;
THE PERGty SIGNING below does hereby certify
that he/she: {6 full authorized and em
| execute this instrument and to bind the Undersigned
hereto, an: does in fact 80 execute this instument, . |
| Great Sout yarn Contractors |
; 807 South (orlando Avenue, Suita
\ Winter Pari, Fil 32789
ee
es
——
Kennet B Trnin 7a
“m4
TTT P.ODT 4 Fe4ee
407e041222
The Undarsignad does hereby waive and release att bond claims, llons, claims, or right ot 10% OF STORED MATERIAL §
Name, Title: Kenneth M4. Turlin
3 wend,
lewvépn” | From
SUBMITTED Ta: Cresent Resources .
300 Primera Bivd., Suita 140
Lake Mary, FL 32746 :
PERIOD To: IeALER
FROM: Groat Southam Contractors _ ARCHITEOY: toot toa , PROJECT No: sso1g
" ‘BOY South Oilando Ave, Suze R 100 Colonial Centar Parkway, Suite 230 CONTRACT DATE.
Lake Mary, FL 32749
CONTRACT FOR: General Construction ARCH PROJNO: ;
INVOICE NO: 19
/ t Current payment shown hevein is nov due. CONTRACT Suna ToDATE eras sewntrnenenratsceneeceesinn tgemnensessses § 463,761.00
; . . TOTAL COMPLETED AND STORED To DATE csmnttnncinen § 483,791.00
WAIVER & RELEASE OF LIEN . . RETAINAGE:| __ - - - -
Whereas the undersigned Contractor as provided labor, Services, materiale, or lpment fos :
the above project, under an agieement with the Owner oavipment 10_% oF compLeTeD woRK 5
46,128.90
Sea oan
9.00
The person signing below does hereby cantify
Sxecule thls inshument and ta bind the Unders'
instrument.
Caunty of Grange
Subscribed and swom to tefora
' methis Friday, January 5, 2007
: a
Great Sauthern Contractors
T-770P.OUR/T'A F428
4078041222
12:02pm Frowy
Qle301'
ORIGINAL ONTRACT PAGE 21
: SuaMITTED FROM: Gteat Southem Contractors
807 South Onando Ave., Suita R
rr ne —, é
t Sait JCUUHIF HON OF WORK Te
Bray GRUURIFTION OF WORK i Scn —
|
|
|
|
:
|
|.
|
|
|
CONTRACT FoR: General Consitueticn
23| Electrical
|
|
|
tn
i
Gontract Paga 2.4 re ee
‘Totais) $413,312.00:
29.92.00, $08;2600)
PROJECT: Shoppes of Leo RoadhAmeost
- CONTRACTOR'S PROJECT No: s501G
7 ARCHITECTS PROUECT Noe
| | :
!
oo ee En
wa wal weer Lj sala
PACE MO: 2.1 oF, 4
APPLICATION NUMBEN, io
se RMON OTE: —torsti06 _
a
| pecvous as Se ae ANCE ~~ RETaNAGE
: 187.60
3,062.20
Sosa tol oo 0, 724.0
00] 100% 0.00, 4,654.00
wml
a
2.
"4078041222
12:02pm From
uae
Tor P.DON/U & Foa2e
f a come =
cememnss eed heemeued
serach
——ae Saeed
Cc
a HANGE ORDERS PAGE 3,1 me ty
. SUBMITTED FROM: Great Southam Contractors. : 4
03 , “dy .
04, Slueco Changes, COR a fF ‘125809 41,693.00 |
eo| a 8 smoke det, COR? | 4,260.00 1,260,
* 08 ‘Wita change for units, COR 17 | 7,661.00) tase . : |
07 | Paragetwail height, COR 2 | 42509 . 4425.00 !
08| Laminate @ kneewall, COR 3 1,778.00 1778.00, .
~ 09/8 secept 4 canapy ights, CORE 4,580.06 ‘80 |
1a|axcons laddar | 2,602.40, 2.602,00|
FE Paga 34 Change ¢ es = $47,977.00! mand ~~
| i Project Grand Total:
31 ay ¢
; PROJECT: Shoppes of tea Road-Amscot PAGE NOs , oF —_4 wa
807 South Orlando Ave., Suits R APPLICATION NUMBER: 49 :
: CONTRACTOR'S PROJECT No; s8018 : . APPLICATION DATE:_ 1OPSTI0g :
CONTRAGT FOR: General Construction ARCHIFECTS PROJEGT No: - : PSRIAM PRES: TRS Te Gunes
— —. —- a a —-. — ns 7 nie
Se, momemeteto he mmo | _
Toh i ‘DESG5r HUN OF WORK 1 SCHEDULED Wake
a0 Ss > H - : abel ' 1
Pegg copier ~~) mame -| parla z |
th: TermsH / i
|
|
|
PP P|
$0.00
__ S197. 280200
| Change onder Grand Totaly $50,470.00) sazarreal eneasnal bon
° eee — Tlso ener U :
Tiere cenuys 7,084.08! cof 413,372.00. 109%! :
$403,704.00] $454,205, ____S8i506.06|~ ~~ Fa.08! | M0379 ddl 100%, $0003” Rae
8484, TOE ne EBL OO tO0% =
OT/TT ae.
TAGE 12/16
WAIVER AND RELEASE OF LIEN
| FROM: Kemet i tas ~T0i defn Thomas
i Great Southem Contractors i. Cresent Resourcas
307 South Orlando Ava,, Suite R 300 Primera Bivd., Suite 449 _
. . Lake Mary, FL 39746:
| PROJECT No. 55016 CONTRACT DATE:
i THE FOLLOWING APPLICATION FOR PAYMENT:
I - ;
Hi ApplicationNo.: 19 . ‘Application Date: 10/31/08
| Together with any previous payment(s) already received but excluding
[ Services, rnaterials, or equipment provided after the date oft 12/31/06
SSS oe ae
|
| UNCOND: TIONAL RELEASE:
this release unconditionally,
,, ee eentemancien
THE PERSON SIGNING below does hereby certify State of Florida
that he/shi ts; full authorized ang empowered to } County of: Orange
execute ths Instrument and to bind the Undersigned Subscribed And Swom To Before Me Tr ;
hereto, and does in fact 80 execute this instrument. January 5, 2007
Great Souitem Contractors Notary Public:
807 South Orlando Ave., Suite
wa
_ Kenneth ti “umin- 415107
|
——
CUS mes a
ms Le ees
“Wlywezgse, ts net
82-3 OO d = Odd d 222 (voelOF d
KIYERSIVC ONIN P@xX.duUlol Liais
muLY meee , Current Date: September 17, 30°,
BANK AS charvin )
a SAAC, ESOT COTE MOMen O ENE aCe OF THO DMGUNMENY HANS COLORED
uy DATE OE
February 7, 2007 10014
VODOO LOD der 91053225 849I030 § 20035 The *DDDE 26225 5
02/12/2007
JISzIZISA4
G3 BZ007"
3 ‘
es 8 a
ENT=1096 - TRO=L10L FRO
MUR bt Guu vor eur
coenerere Sixty-two thousand sit hundred nineteen dollars and 55 cents
. wor oa : an
t
. . : A Wee 4
aa TS ORE TEENY COT SAN ART AIL ATER YA SEE OLO ALA RR ARLE TOV ae ee oe A SOE Cem "
pipes weU{GOY e615
Sup weodeg 30g
10014 $62,619.55
eves
Co
ua
ere Great SO SRN CONTR PAGE B12
. 807 South Orlando Avenue, Sults R
‘Great SourHern ; Winter Park, FL az789
cTo. (Phone) 407-898-9399
CONTRACTORS (Pax) 407-888-7636
GENERAL CONTRACTORS OBC - 028108
CHANGE ORDER / PROPOSAL QUOTATION
PROJECT: Shoppes of Lae Road
QUOTE NO.; 40 DATE QUOTED: 08/28/08
PROJECT NO.: 55013
DAY'S ALLOWED
— FOR APPROVAL:
TO; John Thomas
Bishop Duncan Investments, LLC EXPIRATION DATE: 08/28/08
1321 Edgewater Drive ADDITIONAL DAYS
Orlando, FL 32804 . FOR COMPLETION OF
(Phone) 321-257-0313 (Fax) 407-804-1222 THE CONTRACT:
DESCRIPTION:
Price Increasea for Limerock, Asphalt, and concrete
Original bid for Limerock and Asphalt 160,600.00 now with price increases paying 267280,00 = git of 88,480.00
Concrate original bid $40,208.00 with price Increases paying $68,298,00= difference of $18,083.00
| have enclosed the bids and price Increases along with a newspaper ariicta,
GREAT SOUTHERN CONTRACTORS
v
95/30/2007 Ubied oaerorcuns
pulivrs
ATLANTIC SIT. | SEPT. 11, 2005
PEV! LOOP MELT - ric
27620 CR 33
OKAHU MPRA, FL 34762
TEL(352)504-7497
BAX(352)787-7641
THE SHOPPES AT LEE RD.
TO: GREAT SOUTHERN CONTRACTORS
Ҥ 1, MOBILIZATION: | - SUBTOTAL= $3,000.00
2. LAYOUT & TESTING: SUBTOTAL= $ 4,800.00
3. STORM:
36" RCPSO8LF)
30" RCP(200LF)
24" RCPGASLF)
48" RCP(L30LF)
36" WLE.S(LEA)
18" M-E.S(1EA)
15" RCP(LSLF)
15" ADS(LOLLE)
12" ADS(215LF)
12" ADS ADVANTAGE DRAIN PIPE(468LF)
6" ADS(73LF)
TYPE CINLETS(7EA)
TYPE }-7 T MANHOLE@BA) "
12" ADS DRAIN BASINGEA)
12" x 6° TEB(2EA)
CONTROL STRUCTURE W/ SKIMMER(1EA) SUBTOTAL= $ 76,325.00
4. WATER:
12"'x8" WET TAP WIVALVE(IES)
Bt C-900 PVC(TLOLF) ;
g GATE VALVES W/ MEGALUG@BA)
390 DEGREE BEND W/ MEGALUG(3BA)
2" x2? WET TAP W/ VALVESZEA)
9" JUMPER CONNECTIONGBA)
G5/3u/2bus Yee Bue ee
PG 2OF3
(CONT)
WATER:
g*-x2"REDUCER(IEA)
8" x2 TEE W/ MEGALUGS(1EA)
8x8" TEE W/ MEGALUGS(IEA)
9" DETECTOR CHECK VALVE(IEA)
4° R.P BACKFLOW PREVENTER(2EA)
2 0-900 PVC(AS0LF)
2 GATE VALVE(4BA)
2! TEMP. JUMPER(AT WET TAP) SUBTOTAL= $ 28,575.00
5, FIRE«(CERTIFICATION BY OTHERS)
BY C-900 DR 18 PVC(B60LF)
3" 90 DEGREE BEND W/ MEGALUGS(4EA)
3" TEE W/ MEGALUGS(ZEA)
g" POST INDICATOR VALVE(IEA)
6" C900 PYC(20LF)
8" x6" REDUCER $.E.M.J(2BA)
6" FIRE ETYD. ASSY.(2EA)
8x 4" TBE W/ MEGALUGS (LEA) -
4"'45 DEGREE BEND W/ MBGALUGS(IEA)
4” FIRE DEPT, CONN.(BRASS)(1E4)
("GATE VALVEZEA) SUBTOTAL= $ 21,775.00
§, SAN.SEWER:
g SDR 35 PVC(S68LF)
_ 8'x6" SEWER WYE(I4EA)
6" SDR 35 PVC(370LF)
6! 45 DEGREE BEND BxS(14EA)
CORE INTO EXIST. MANHOLE(LEM)
SAN. SEWER MANHOLES(4EA)°
CONN. TO EXIST. SEWER LATBRAL(LEA) _ SUBTOTAL= $ 19,550.00 ©
7, DEMO:
REMOVE 6" SANITARY LATERAL(Z80LF)
REMOVE CONCRETE FLUMEGEA)
REMOVE 2’ CURB & GUTTER(W/ TRAFFIC CONTROL)(100LF)
REMOVE 5’ SIDEWALK(G0LE)
REMOVE 8 TYPE D CURB(1200LF)
2 CURB & GUITER(375LF) ;
REMOVE ASPHALT & BASE(Z1L00SY) _ SUBTOTAL= $ 15,550.00
60.
wo sus Zzuer wolZy 1352 (0/7642 ATLANTIC CTTE DEVELO PAGE 85
8. EARTHWORK:
CLEAR & GRUB W/ TREES(LS)
DIG & SHAPE POND (6500CY)
BUILD BUILDING PAD(A)(875CY)
BUILD BUILDING PAD(B)(210CY)
BULLD BUILDING PAD(C)(250CY)
GRADE GREEN AREAS + OR - .10(LS)
CUT,FILL AND BAL. PARKING(LS)
9, BASE & PAVING: ~
11/2" OF TYPE $-3 ASPHALT(85008Y)
6" OF LIMEROCK(85008)
8" STABILIZED SUBBASE(8500SY)
PRIME & SAND(SS005Y)
10. CURB:
2 CURB & GUTTER(925LF)
6 RAISED ISLAND(150SF)
HANDICAP RAMPS(8EA)
6*x 16" TRENCH CURB(2650LF)
6" BOLLARDS(3BA)
11. STRIPING & SIGNAGE:(PAINT ONLY)
REG. PARKING SPACES(107LF)
HANDICAP SPACES W/ SIGNS(#BA)
STOP BARS W/ SIGNS(1IBA)
CROSSWALK(3BA)
- CENTER LINE IN ROAD(G40LF)
TOTAL= $399,075.00
* TEMP. ROAD(460SY)
PG 3 OF 3
SUBTOTAL= $ 61,700.00
SUBTOTAL= $ 120,100.00
SUBTOTAL= $38,400.00 -
SUBTOTAL= $ 9,300.00
SUBTOTAL= $ 4,200.00
PRICES DO NOT INCLUDE ANY BRICK PAVERS OR BRICK PAVER PREP. PRICES
DO NOT INCLUDE: TESTING, SURVEYING, SIDEWALKS, RETAINING WALLS, RAMPS, SOD
OR LANDSCAPING, SEED, MULCH, CONCRETE, DEMOLITION OTHER THAN LISTED
DEMUCKING, DEWATERING, DENTISY TESTS, METERS OR ELECTRICAL,
HAZARDOUS AND UNSATIABLE MATERIALS REMOVAL BY OTHERS, IF NERDED,
BUILDING LAYOUT BY OTHERS. PERMITS BY OTHERS. CERTIFICATION BY OTHERS, AS
BUILT CERTIFICATION BY OTHERS, FIRE LINE CERTIFICATION BY OTHERS. PRICES ARE
BASED ON ONE MOBILIZATION.
623
GREAT SOUTHERN
CONTRACTORS
Great Southern Contractors, Inc., Project # 55013
Cost Code:02000
Effective date: 09/13/05
Subcontract Amoutit: $384,200.00
GENERAL CONTRACTORS
SUBCONTRACT AGREEMENT between:
Contractor: Subcotiractor: Project:
Great Southern Contractors, Inc. Atlantic Site Development Shoppes of Lee Road
307 South Orlando Ave., Ste. R 97620 County Road 33 Lee Road
winter Park, FL 32789 Okatumpka, FL 34762 Orlando, FL
lL CONTRACT DOCUMENTS: The Contract Documents for this Subcontract consist of this agreement and any exhibits
attached hereto, the Contract between the Owner and Contractor, and all documents which form a. part thereof, cither by
reference of attachment, which jnelude but arenot limited to, the conditions of the Contract between Ownet and Contractor
(general, supplementary and other conditions), drawings, specifications, all addenda issued prior to execution of the
Contract between Owner and Conttactor, and all addenda attached. All work is fo be performed pet the Contract Doou-
ments, without exception. (See Bxhibit “B” for a complete set of Contract ecuments.) Subcontractor shall be bound by all
“the terns of the Contrast Documents and assumes all the obligations of Cotttractor as stated therein, which are applicable to
the Subcontract scope. These documents are available for inepeotion at all reasonable times at Contractor's office.
Subcontractor hereby affirms that it has examined all Contract Documents, and agrees that it will not plead unfamiliarity
with any ofsaid documents in connection with any dispute which may atise hereunder, OF jn connection with any claim for
extra compensation, Subcontractor further affirms that it has adequately investigated the nature and conditions of the
Project site and {ocality, has familiarized itself with labor availability and conditions affecting the difficulty ofthe work, and
has entered into this Subcontract Agrecment based upon its own examination, investigation and evaluation, and not 10
reliance upon any opinions or representations of Contractor, Owner, Ayehiteat or Engineer. .
a The word “Owner” shall, mean the person, partnership, firm, corporation, mmunicipality, county, oF department or
agency of the State of Federal government primarily and originally contracting with the Contractor for the
performance of the work,
b. The words “Architect” or “Bpgineer” shall mean the Architect ot Engineer ot other representative of the Owner
; under whose supervision of inspection the work js required to be done by the tetms of the Prime Contract between
the Owner and the Contractor. ‘
G The words “Building” or “gimnoture” shall also mean and include outside utilities, sidewalks, landscaping, roads,
streets, and other subjects and objects of construction provided for inthe Prime Contract between the Owner an
Contractor. :
a. The “Owner” is; Cresent Resow'et 300 Prinacsa Blvd, Suite 140, Lake Mery, FL 32746
4.. WORK. Subcontractor shall perform and furnish all lebor, supervision, services, materials, equipment, tools, sonffolds
Iifts, hoists, transportation, storage, and all other things necessary 60 timely and ‘fully perform and fomigh all labor an
services required at the above-referenced Project in aproper and workmanlike manner, ‘which may include overtime work 8
required to meet the Project Schedule, Subcontractor shall perform al) work to be gcheduled and coordinated wit
ages ; Initiated for Great Southern Contractors, Inc.
VA Jnitialed for Bt-ton eo Ste .
2 ee
Page 1 of 9 P
Bossi zuur, oe een
Contractor’s Project Schedule oatéd (will be sent later) (See Exhibit 8OP) whi feby made apart of this Subcontract.
Subcontractot shal! maintain a competent and exptti enced Superintendent of Foreman an the Project at all times during the
eriod the work is executed, with authority to carry’ out direction from the Contractor relating to Subcontractors work or
responsibility.
FORMS, Subcontractor agrees to provide the following to Contractor:
Yee
a. Monthly Progress Payment Application on attached form.
b. Original Waiver and Release of Lien Upon Progress Payment, te be submitted with each Progress Payment
Application, slong with Waivers and Releases of Lien from any and all of Subcortractor’s vendors, sub-
subcontractors of any person oF entity claiming under or through Subcontractor.
6 Original Waiver and Release of Lien Upon Final Payment, tobe submitied with Final Payment Application, along
with Final Waivers and Final Releases of Lien from any and all of Subcontractor’s vendors, sub-subcarttractots of
any person or entity claiming under OF through Suboontractot.
a. Guarantee/Warranty Form with Final Payment Application.
SCOPE OF WORK. Subcontractor's Scope of Wark (Attachtnont No. 1) includes the installation and fumnishing of all
jabor, serviecs and "materials necessary for # complete installation. It is the specific intent of this Subcontract that
Subcontractor shall do everything that is roquired to furnish to Contractors complete finished product or system which will
serve its intended purpose. se ‘
Further, Subcontractor agrees to the following specific scope joclusions:
EY All work shall be performed in accordance with Contractor's Project Schedule, dated (will be sent later).
Contractor reserves the right to modify the Project Schedule at its convenience.
b Daily clean up and removal of debris to Contractor supplied dumpster, -
c Subcontractor shall perform all layout required fot the completion of its work.
da, Coordination with other trades, so ag not to delay, disrupt, or cause darnage to the work or property of other
subcontractors OF sutb-gubsontractors.
G At) punch-list and/or warranty work shall be completed within 24 hours of waitten notification.
f. Subsontractor will, at all times, while proscauting its work, maintain adequate and sufficient supervision on the
jobsite. : . .
2 Subcontractor agrees to comply with any specific Project regulations, without exccption.
SUBCONTRACT PRICE. Contractor shall pay to Subcontractor for the satisfactory performance and completion of the
work under this Subcontract, the sum of $384.200.00,,
PROGRESS PAYMENT. APPLICATION, On or before the 18th of each month, Subcontractor shall submit, on a form
supplied by Contractor, @ Progress Payment Application, showing the value of the work installed, plus the value of the
qoaterial and equipment for incorporation in the work suitably stored at the Project site or other approved location. All
applications reseived in Contractor’s office on or before the 18th of the month shall be processed for paymenton the 25th of
the following month, provided the Owner has made payment to the Contractor, Bach Progress Payment Application shall
also show the amount of all previous payments to Subcontractor and the amount of retainage, and shall inchade evidence
Initisled for Groat Southern Contractors, Ins.
panei te JAK Van the ite Dey
G5/30/2807 Yost
mig 4y/ gee AL38 4P76957535
TSEOVIELOPMENT. Iwmdc
92328 WHITNEY RD.
LEBSHURG, FL 34748
THL(RNIOL 1497
PAX(3S2) 787-7541
GENERAL CONDITIONS
MOBILIZATION 1LS 1,000.00 1,000.00
SURVEY & LAYOUT ; ILs 2,250.00 2,250.00
ASBUILTS LLS 1,650.00 1,650.00
TOTAL GENERAL CONDITIONS 4900.00
{e} .
DUST CONTROL . ILS 2,500.00 2,500.00
CLEAR & GRUB 1AC 1,500.00 1,500.00
CONSTRUCT BUILDING PADS “ay 8008Y .B0 640.00
GRADE AND COMPACT SITE rs 4130 SY LIS 4,749.50
FILL EX RETENTION POND AND SITE 942CY 6.75 6,358.50 ;
TOTAL EARTHWORK 15,748.00
C INLET (8'-10") ; IEA 2,875.00 2,875.00
12” ADS DRAIN BASIN . SBA 425,00 1,275.00
6" ADS PIPE S4LF 15.00 810.00
"" ADS PIPE. 2I5LF 22.00 4,730.00
( “ ADVANEDGE PIPE 220LF 27.00 5,940.00
15" ADS PIPE 1OILF 26.00 ° 2,626.00
TOTAL STORM , 18,256.00
WATERLINE .
2” TAPPING SADDLE & SLEEVE ” IBA 985.00 1,970.00
12” X 2" WET TAP LESS TAP 1EA 1,100,00 1,100.00
HOT TAP LINE STOP OFF2” - oe 2BA;SO3,650.00 7,300.00
TEMPORARY JUMPER CONN 3EA 675.00 3,025.00 ie
FIRE HYDRANT ASSEMBLY 1EA 2,775.00 2,775.00 a
. | ae
PAVEMENT & CURB . 5 ;
1 4" S-3 ASPHALT 91128Y 9.50 86,564.00h,”
6” LIMEROCK BASE 9112 9.00 74,236.00/ \\gOr
8" STABALIZED SUBBASE 10,336SY 1.75 18,088.00
6" X 16" CURB . 2340 LF 12.00 28,080.00 6 AU)
2 CURB & GUTTER 500LF 19.00 9,500.00 } pois?
CONCRETE ISLAND 6” 1SSY 175.00 2,625.00
STRIPING ILS 70,00 70.00
HANDICAP SPACES 6EA 185.00 1,100.00
SIGNAGE LLS 3,000.00 3,000.00
. MAINTENANCE OF TRAFFIC Is 2,000.00 2,000.00
TOTAL PAVEMENT & CURB 225,263.00
: om
APPLICATION AND CERTIFICATE FOR PAYMENT
CONSTRUCTION MANAGER
SUBMITTED TO: Bishop Duncan Investments, LLC
1321 Edgewater Drive
Onando, FL. 32804
SUBMITTED FROM: Great Southern Contractors
807 South Orlando Avenue, Suite R
Winter Park, FL. 32789
CONTRACT FOR: General Construction
ADVISER EDITION PAGE ONE OF _4__
PROJECT: Shoppes of Lee Road APPLICATION NO: 15 Distribution Ta:
PERIOD TO: 1/31/07 1} | OWNER
PROJECT NO: 55013 ARCHITECT
ARCH PROJ NO: 3 | CONTRACTOR
CONTRACT DATE: CONSTR. MNGR
APPLICATION DATE: 1/31/07
INVOICE NO: 15 !
VIA CM:
ARCHITECT: Michael Brady
CONTRACTOR’S APPLICATION FOR PAYMENT
Application is made for payment, as shown below, in connection with the.
Contract. Continuation Sheets are attached to substantiate this application.
ORIGINAL CONTRACT SUM........0. cee
NET CHANGE BY CHANGE ORDERS. ..W....-eon eter nsseeees
CONTRACT SUM TO DATE
TOTAL COMPLETED AND STORED TO DATE. ...--sesssuersemines
RETAINAGE:
10__ %. OF COMPLETED WORK $ 0.00
10__% OF STOREO MATERIAL $ 0.00
TOTAL RETAINAGE ccc ceceetnctesarnienete
TOTAL EARNED LESS RETAINAGE .........-00
LESS OWNER DIRECT PAYMENT BY PURCHASE ORDER
‘LESS PREVIOUS CERTIFICATES FOR PAYMENT .........4..--.-
CURRENT PAYMENT DUE ..........
BALANCE TO FINISH INCLUDING RETAINAGE
5 ___1,970,491.00
$ $53,046.00
$ 2,523,537.00
$ 2,523,537.00
$ 0,00
$ 2,523,537.00
$ 0.00
a § 1.948,190.35
$ 575,346.65
$ 0.00
(See Attached Pages for Original Contract and Change Order Breakdown.)
This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
Contractor named herein. Issuance, payment and acceptarice of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
The undersigned Contractor certifies that fo the best of the Contractor's knowledge, information and belief
the Work.covered by-this Application For Payment has been completed in accordance with the Contract
Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for
Payment were payments have been received from Owrier, and the cufrent payment shown herein is:now
due.
CONTRACTOR:
Great Southern Contractors
By:
Kerfheth M. Tumiin
State of: FL
County of} Orange
Subscribed and swomi to before
me.this Wednesday, May 16, 2007
; f c
NOTARY BUBLIC:
My Commission Expires:
CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on on-site observations and the-data comprising this
application, the Construction Manager and Architect certify to the Owner that to the best of their knowledge,
information and belief the Work has progressed as indicated, the quality of the Work.is in accordance with
the Construction Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.
AMOUNT CERTIFIED 0.2... niet tener ates $
( Attach explanation if amount certified differs from the amount applied for. initial all figures on this
application and on the Continuation Sheets that changed to conform to the amount certified.)
CONSTRUCTION MANAGER:
By: Date:
ARCHITECT: Michael Brady
By: . _ Date:
ORIGINAL CONTRACT PAGE 2.1
: ; PAGE NO: 2.1. OF: 4
SUBMITTED FROM: Great Southern Contractors PROJECT: Shoppes of Lee Road:
807 South Orlando Avenue, Suite. R APPLICATION NUMBER: _15 __
Winter Park, FL_ 32789 CONTRACTOR'S PROJECT NO: 55013 APPLICATION DATE: _1/31/07__
CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM: __1/1/07_ To: __ 4/31/07,
Ca Ts ee E a ce ee
TEM | DESCRIPTION OF WORK - SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE |
NO. VALUE f ; THIS APPLICATION ANO:STORED- Ye TO FINISH :
| PREVIOUS STORED TODATE Gc (C-G) i
oe eee eee |_APPLICATIONS: | WORK IN PLACE MATERIALS (D+E+F} oo Z
Mobilization 6,000.00. "6,000.00 0,00 0.00. 6,000.00) 100% 0,00 0]
Supervision 21,784.00 21,784.00 |. 24,784.00.) 100% 6.00 0:00
General Gonditions 24, B46: 00 P 24,346.00 24, 346.00)'1 0.00 0.00
pee : 0.00. 0.00
0.00 0.00
0.00 0.00
0.00 0.00
i ; 0.00 0.00
} 99 | Fencing 3,948,00 9:348.00 0.00 0.00
10| Concrete / 139,000.00 439,000.00 139,000:00| 100% 0.00 0.00
11|Masonry 88,500.00 88,500.00 88,500.00 | 100% 0.00 0.00
: 121 Structural Stee! 191,000.00 191,000.00 191,000.00|.100% 0.00! 0.00
i 13} Wood Package 9,700;00 9,700.00 | 9,700.00; 100% 0.00} 0.00
14| Rough Carpentry 8,640.00 ' 8,640:00) 100% 0.00 0.00
15 | Roofing 196,200.00 436,200.00 | 100% 0.00 0.00
16| Waterproofing 5,508.00 “5,508.00; 100% 0.00 0.00
471HM Doors & Frames 13,117.00 : 43,117.00 | 100%. 0.00 0.00
18|Glass & Glazing 95,000.00 95; (000.00 95,000.00) 100% 0.00 0.00
19 | Stucco | 72,024.00 72;021.00 “72,021 .00| 100% 0.00 0.00
20 | Drywall 203,127.00 203,127:00 203,127.00 | 100% 0.00 0.00
21 | Acoustical Ceilings 21,600.00! 21,600.00 21,600.00] 100% 0.00 0.00
22 | VCT Flooring 2,653.00 2,653.00 2,653.00 | 100% 0.00 0.60
23 Painting 16,278.00 16,278.00 46,278.00| 100% 0:00 0.00
24| Misc. Specialties 3,765.00; 3,765.00 3,765.00/ 100% 6.00. 0.00
25] Awnings 14,084.00 14,081.00 11,081.00 100% G.00 0.00
26| HVAC 86,452.00 88,452.00) 88;452.00| 100% 0.00 0.00
27| Plumbing 14,900.00 44,900.00 {4,900.00 | 100%. 0.00 0.00
28 Fire Protection 17,849.00 17,849.00 17,849.00) 100% 0.00 0.00
29 | Electrical 271,856.00 271,856.00; ! 274,856.00) 100% 0.00 0.00
| 0.00 | 0.00 ? 0.00 0.00
0.00. 0.00 2 0.00 0.00
0.00 0.00 2 0.00 0.00
0.00 0.00; 7? : 0.00 0,00
“Contract Page 2.1 Totals| | $1,970,491.00|_$1,970,491.00 : $0.00 $0.00) $1,970,491-00| 100% $0:00 $0.00
SUBMITTED FROM: Great Southern Contractors
807 South Orlando. Avenue, Suite R
Winter Park, FL 32789
CHANGE ORDERS PAGE 3.1
PROJECT: Shoppes of Lee Road
CONTRACTOR'S PROJECT NO: 55013
PAGE NO: 3.1 OF:__4
APPLICATION NUMBER: ._15.
APPLICATION DATE: __ 1/31/07
CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO:
A | B Cc ~ po | €& TT F G H i i
ITEM DESCRIPTION OF woRK | SCHEDULED j “WORK COMPLETED [TOTAL COMPLETE] BALANCE | RETAINAGE
i NO. : VALUE Poe FS APPLICATION ~~ "| AND STORED TOFINISH |
i PREVIOUS STORED TO DATE {C-G)
_| [APPLICATIONS _| WORK IN Puace | MATERIALS | OeEHF) |
01 | Additional Permit Fees 195.00 195.00 in 0,00 0.00 195.00; 100% 0,00
02 | Add:silt fence per bidg inspector: 4,174.00 4,174.00 | 4,174.00 | 100% ; 0.00
03] Pians Show 3 12" drains 707.00 707.00 i 707.00 | 100% 0.00;
04.| Sanitary Sewer & Water t 7,708.00 7,708.00 | 7,708.00 | 100% 0.60
05/Silt fence, mve dit @ Shader 23,113.00 23,113.00 H 23,143.00] 100% 0.00
i 06 | Leveling of din on Shader Rd. 1 2,244.00 2,244.00 2,244.00; 100% | 0.00
07 i 0.00 0.00 ? 0.00
i 08} Chngd block to. split face, COR 12,887.00 12,887.00 12,887.00 100% | 0.00
j 09 | Drywall price increase, COR 11 5,665.00 5,665.00 5,665.00 | 100% 0.00:
| 10| Dewatering, COR 12 20,845.00 20,845.00 20,845.00! 100% 0.00
' 11 | Additional Dewatering, COR 19 13,899.00; 13,899.00 13,899.00; 100% 0.00
12, Water Fountains, COR 15 11,444.00 11,444.00 11,444.00] 100% 0.00
{ 131 Insulation, COR 20 12,279.00, 12,279.00 | 12,279.00| 100% i 0.00;
14/| Install Grease Line, COR 14 729.00. 729.00 i 729.00 | 100% 0,00
15 | Upgraded light fixtures, COR 17 4,981.00 4,981.00 4,981.00] 100% 0.00
16 | Fab & inst. 13 awnings, COR 18 6,564.00 6,564.00 6,564.00} 100% 0.00
17 | Inst 2" pve water main, COR 21 6,059.00 6,059.00 6,059.00} 100% 0.00
18 linst. 4 roof drains, COR 22 2,160.00 2,160.00 2,160.00} 100% 0.00;
19) VOID COR 23 9.00 0.00 0.00 2 0.00
20} Add't deck, COR 13 2,777.00 2,777.00 2,777.00} 100% 0.00
| 21 | Add'l Column Chases, COR.30 3,142.00 3,142.00. 3,142.00} 100% 0.00
22 | Chg 32 Sprinkler Heads, COR 4,224.00 4,224.00 4,224.00| 100% 0.00
23) Trustco Bank, COR 16 i 412,502.00 12,502.00 12,502.00! 100% 9.00
24 | Light gauge beam, GOR 41 : 11,073.00 11,073.00 11,073.00/ 100% 0.00
25 | Little Caesars, COR.43 20,507.00 20,507.00 20,507.00} 100% 0.00
26 | Add! drywall 2 units, COR 35 5,722.00 5,722.00 5,722.00 | 100%: 0.00
271 Fix Sewer @ Point of 9,017.00 9,017.00 9,017.00) 100% 0.00
28 | Awning for Trustee Bank 8,864.00 8,864.00 8,864.00) 100% 0.00
29 | Change order for exp bead 9,649.00 9,649.00 9,649.00; 100% 0.00
Page 3.1 Change Order Totals $223,130.00 $223,130.00 $0.00 $0.00 $223,130.00) 100% $0.00
‘ Change Order Grand Totals $526,821.00 $196,494.00 $330;327.00 $0.00 $526,821.00] 100% $0.00
Original Contract Totats 1,970,491.00 1,970,491.00 0.00 0.00 dl! 1,970,491.00| 100% 9.00
Project Grand Totals) $2,497,312.00| $2,166,985.00 $330,327.00 $0.00 $2,497,371 2.00) 100% $0.00|
RS
CHANGE ORDERS PAGE 3.2
PAGE NO: 3.2 OF:___4
SUBMITTED FROM: Great Southern Contractors PROJECT: Shoppes of Lee Road
807 South Orlando Avenue, Suite R APPLICATION NUMBER: _18
Winter Park, FL 32789 CONTRACTOR'S PROJECT NO: 65013 APPLICATION DATE: __1/31/07
CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM: __1/1/07_ To; __1/31/07
A B _ Cc i i E F - G L. fl i
{TEM DESCRIPTION OF WORK | SCHEDULED WORK COMPLETED TOTAL COMPLETE] BALANCE RETAINAGE
NO. VALUE I “THIS APPLICATION AND STORED % TO FINISH
PREVIOUS | STORED | «= FO.DATE Gc (C-@) |
ee ; _ APPLICATIONS | WORK IN PLACE | __ MATERIALS _ (O+E+F)
30 | Credit for Landscaping -40,500:00 40,500.00 0.00 0.00 -40,500.00 | 100% 0.00 0.00
31 | Fire alarm installer changes 3,081.00. 3,081.00. 3,081.00] 100% 0.00 0:00
$2| stucco around window 805.00 505,00 i 505.00 | 100% 0.00 0.00
33 | Access'ladders with lockable 5,004.00 5,004.00 i 5,004.00 | 100% 0.00 0.00
34 | fix pkg lot repairs on sewer 3,647.00 3,647.00 3,647.00 | 100% 0.00 9.00
35 conduit for tamper switch 1,627.00 +,627.00 4,627.00} 100% 0,00 0.00
0.00 i 0.00 ? 0.00! 0.00
37 | Stucco at bottom of wall for 6,059.00 0.00 6,059.00 6,059.00] 100% 0.00 0,00
38 | Repairs on trusco drywall 1,855.00 0.00 1,855.00 1,855.00} 100% 0.00 0.00
40|Work over wknd for storm fix 2,600.00 0,00 2,600.00 2,600.00 | 100% 0.00 0.00
41/|To add roof drain for Trusco 1,122.00 0.00! 1,122.00 1,122.00] 100% 0.00 0.00
42| Landscaper broke conduit 7 1,436.00 0.00; 1,436.00 1,436.00} 100% 0.00 0.00
43| Add 4 smoke detectors 1,795.00 0.00 1,795.00 1,795.00! 100% 0.00 0.00
44| Add concrete crosswalk per 4,712.00 0.00 4,742.00 H 4,712.00 | 100% 0.00 0.00
45 | monitoring 4 add'l duct 460.00 0.00 460.00 | 460.00 0.00 0.00
\ 46 | Switch out backflow per City 608.00 0.00 608.00 608.00 0.00 0.00
' 47/| Electric for smoke detectors 1,683.00 0.00 1,683.00 | 1,683.00 0.00 0.00
| 48 | Fire Alarm system 4,237.00 0.00 4,237.00 : 4,237.00 0.00 0.00
i 49/| door stoops bide finger walks 2,693.00 0.00 2,693.00 i 2,693.00 0.00 0.00
| 60 | Fire extinguishers 2,963.00. 0.00 2,963.00 2,963.00 0,00 0.00
§1 | Bruce McGlameryverify 1,782.00 0.00 1,782.00 1,782.00. 0.00 0.00
§2| Additonal cost of repair on 9,017.00 0.00 9,017.00 9,017.00. 0.00 0.00
53 | Telephone cable 15,582.00 0:00 15,582.00 15,682.00 0.00 0.00
54 Install site light pole 1,683.00 0.00 1,683.00 1,683.00 0.00 0.00
55 | permit expediting 14 revisions 2,958.00 0.00 . 2,958.00 . 2,958.00 0.00. 0,00
§6| blueprint costs 3,927.00 0.00 3,927.00 3,927.00 0.00 0.00
57|regrade pond 8,976.00 0.00 8,976.00 8,976.00 0.00 0.00
§8 | 1400If of temp water 18,850.00 0:00) 18,850.00 18,850.00 0.00 0.00
59 | overtime 17,362.00 0.00 17,362.00 17,862.00} i 0.00. 0.00
Page 3.2 Change Order Totals $85,724.00 -$26,636.00 $112,360.00) $0.00 $85,724.00 $0.00} $0.00
Change Order Grand Totals} $535,838.00 $196,494.00 $339,344.00 $0.00] $835,838.00 “$0.00 $0.00
Original Contract Totals} 1,970,491.00/ 1,970,491 .00 0.00 0.00 1,970,491.00 0.00 0.00
i Project Grand Totals} $2,506,329.00 §2,166,986.60 $339,344.00 $0.00| $2,606,329.00 $0.00} $0.00
A
SUBMITTED FROM: ‘Great Southern Contractors
807. South Orlando: Avenue, Suite R
Winter Park, FL. 32789
PROJECT: Shoppes of Lee. Road
CONTRACTOR'S PROJECT NO; 55013
PAGE NO:
APPLICATION NUMBER:
3.3 OF:
4
16
APPLICATION DATE: _ 1/31/07:
CONTRACT FOR: General. Construction ARCHITECT'S.PROJECT NO: PERIOD FROM: ___1/1/07_ To: 1/81/07
B c > E F Ee _ H | i
DESCRIPTION OF. WORK SCHEDULED -{ “WORK COMPLETED BALANCE RETAINAGE
VALUE THIS APPLICATION AND STORED % TO FINISH
PREVIOUS ~ 7" SF ORED TO DATE GIC {C-G)
_ [ae o . APPLICATIONS | WORKIN PLACE | MATERIALS |. (O#E*F) pT
60|Lost OVerhead 80,594.00 0.00 80,594.00 0.00| 0.00) 0:00;
Jim Richards Time 8,081.00 0.00 8,081.00 0.00 0.00)
ji 1 0.00 0.00
a.00 0.00
: 0.00 0.00
} extra scafolding and forklift : . 7, ‘402. 00 7 402.00 0.00 0.00:
; 66 | generator and Labor 4,620.00. 0.00 4,620.00 4620.00. 0.00 0.00
i 67 | Adjusting change order =11,005.00 0.00 -11,005.00 11,005.00 0.00 0:00
' 68 | Fuel for generator 5,620.00 0.00 5,620.00 5,620.00. 0.00 0.00
0,00 0.00 2 0.00 0:00
0.00 0.00. 2 0.00 0.00
| 0.00. : 0.00 ? 0.00 0.00
| 6:00 “0.00. ? 0.00 0.00
0.00 0.00 ? 0.00 0.00
Fra J > 0.06 0.00], ? 0.00 0.00
0,00 0.00 2 0.00 0.00
co 0.00 0.00 ? 0.00 0.00
© 0,00 0.00 2 0:00} 0.00
0.00 ) ? 0.00 0.00.
0.00 2 0.00 0.00
| 0.00 ? 0.00]. 0:00
i 0.00; ? 0.00 0.00
0.00 ? 0.00 0.00.
0.00 ? 0.00 0.00
0:00 2 0.00 0.00
| 0.00 ? 0.00 0.00
| 0.00 ? 0:00. 0.00
0.007 2 0.00 0,00
0,00 2 0.00 0.00
Page: 3.3 Change Order Totals] $244,192.00 $0.00 $244,192.00 $0.00 $244,192.00| 100% $0.00} $0.00
Change Order Grand Totals| - $553,046.00 "$196,494.00 $396,552. 200 $0.00} ©. $553,046.00) 100% | $0.00 $0.00
Original Contract Totals! 1,970,491.00} _ 1,970,491.00 0.00 0:00. 1,970,491.00] 100% 0:00 0.00
i | Project Grand Totals! $2,523,537.00| $2,166,985.00| $356,552.00 $0.00 “"$2,523,537.00| 100% “$0:00 $0.00
Page 2 of 2
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Return to: CLAIM OF LIEN
FLA. 200 CONSTRLIC TION
Kenneth M. Tumiin, President AUUN LAW.CH. 712
iy Great Southern Contractors, Ine,
“ 807S. Orlando Ave., Suite R
Winter Park, FL 32789
SPAUCK ABOVE THIS LINE FOR PROCESSING {TER nnn ACE AMIE THIS LINE FOR RECORDING DATA
CLAIM OF LIEN
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE.
REAL PROPERTY LISTED HEREIN, UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION
TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE
-DATE OF RECORDING, AND SHALL EXPIRE. AND BECOME NULL AND VOID THEREAFTER
UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE
THIS LIEN,
“of
STATE OF FLORIDA ( a j
COUNTY OF ORANGE | [ t
Sa
Before me, the wir Giga personally appeared Kenneth M. Tumlin, who was didy sworn and says shett
he is the agentiPresident of the lienor Keren A
Ever Linor's name GREAT Sige
inter Lieror's name TR
Address, $07 S. Orlando Avenue, Sulte R, Wi
aud that in accordance with a contract tte BISHOP DUNCAN INVESTMENTS, LLC
lienor furnished labor, services or materials consisting of: (Describe specially fabricated materials separately)
Enter labor, services or materials: Construction of site work und new vertical construction for facility at Shoppes of Lee Road,
Buildings A and C.
in Orange County, State of Florida
Describe real property sufficiently for identification, inchuding street and number, if known)
See Exhibit "A" incorporated herein, which identifies the real Property.
Ouned By. BISHOP DUNCAN INVESTMENTS, LLC
ofa tial value. tachiding extra work, of $2.519.761.00 of which there remains $371,370.65 unpatd, and furnished the first of
she stems an 10/2505 and the last of the items on 02/22/07, and Uf the lem 18 claimed by one not in privity with the owner} that
the lenor served hit Notice tu Owner on N/4 by Certified Mail, Return Receipt Requested and that the ltenor
served copies of the wotice on the contractor on Nid __. by Coriified Mail. Renin Recoips Requested und on the
Subcontractor on N/A » (year), by Cervified Mail, Return Receip Requesied.
PL LENOR: GREAT SOUTHERN CONTRACTORS, INC.
LIENOR SIGNATU Se
INSTR 28070276001 .
ne &v A9272 DH 1419 PGhe2
(seKcarnx Seoxr /
Name Tite: Kenneth M. Tunlin NOTARY PUBLIC: /JoyL. Dragland
Dated: July.27, 2006 My Commission Expi 6/16/2010 ~
eee —
ORIGINAL CONTRACT PAGE 2.1
Bed
: PAGENO: 2.4 OF:
SUBMITTED M: Great Southern Contractors PROJECT: Shopp. . Lee Road
807 South Oilando Avenue, Suite R APPLICATION NUMBER: __10
Winter Park, FL 32789 CONTRACTOR'S PROJECT NO: 55043 APPLICATION: DATE: __ 7/25/06
CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM:__7/1/06 to:__ 7/31/06
AL B aa i [e) E F o } _H i
STEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE | RETAINAGE
No. VALUE if L THIS APPLICATION AND STORED % TO'FINISH
PREVIOUS STORED TO-DATE Gi (c-s)
| APPLICATIONS | WORK IN PLACE | MATERIALS (DHE+F)
01| Mobilization 6,000.00 6,000.00 0.00 0.00 6,000.00/ 100% 000; - 600.00]
02'| Supervision 21,784.00 20,125.00} 4,000.00. 21,125.00) 97% 659.00 2,112.50
03} General Conditions 24,348.00 19:477.00 2,000,00 21,477.00) 68% 2,869:00 2,147.70
04) Earthwork 147,616.00 147,616.00 147,616.00} 100% 0.00 14,761:60
05} Storm, Sanitary & Water 417;575.00 110,441,25 110,411.25] 94% 7,163.75 14,041,13
06| Fireline 20,775.00 18,697.50: 2,077.50 20,775.00) 400% 0.00 2,077.50
07 | Paving 160,800:00 0.00 0.00} 0% 460,800.00 0,00
08 Laridscaping 58,000.00 5,096.00 5,096.00! 9% 52,904.00 509.60
09| Fencing 3,348.00 0.00} 0.00} 0% 3,348.00 0.00
10) Concrete 139,000.00 439,000.00 139,000.00| 100% 0.00 13,900.00
41| Masonry 88,500.00 88,500.00 88,500:001 100% 0.00 8,850:00
12| Structural Steel 191,000.00 191,000,001 191,000.00} 100% 0.00 19,100.00
13| Wood Package 9,700.00 9,699.50 9,699.50] 100% 0.50} 969.95
14) Rough Carpentry 8,640.00 8,640.00 8,640.00| 100% 0.00 864.00
15| Roofing 136,200.00 426,200.00. 426,200.00} 93% 10,000.00 12,620.00
16| Waterproofing 5,508.00 0.00 0.00]. 0% 6,508.00 0.00
17|HM Doors & Frames 13,117.00 2,560.00 10,567.00 13,117.00} 100% 0.00 4,314.70
18} Glass & Glazing 95,000.00 65,067.00 6,183.00 71,250.00] 75% 23,750.00 7,125.00
19, Stucco 72,021.00 72,021:00 0.00. 7,202.10
30,469.00 6.00 20,312.70
al if ie 0:00 2,160.00
VCT Flooring 2,653.00 0.00
23, Painting 16,278.00 0.00
24] Misc. Speciatties 3,765.00 3,765.00 0,00
25| Awnings 11,081.00 9.00 41,081.00 0.00
26| HVAC 88,452.00 73,440;:00 12,000.00 85,440.00| 97% 3,012.00 8,544.00
27 | Plumbing 14,900.00 9,950.00 9,950.00} 67% 4,950.00 995,00
28 | Fire Protection 17,849.00 47,849.00 17,849.00} 100% 0.00 1,784.90
291| Electrical 271,856.00 222,922.00 27,186.00 250,108.00) 92% 21,748.00 25,010.80
0.00 0.00 ? 0.00 0:00
0.00 0.00 2. 0.00 0.00
0.00 0.00. ? 0.00 0.00
0.00 0.00 ? 0.00 | 0.00
4 7 =o to.
Corsct Page 2.1 Totals} $1,970,491.00/ $4:526,919.25 $113,0825 $0.00] $1,640,00175| 83% | $330,489.25; $164.6 3]
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Dace BOS INNER
BWlip~ Bak 489% INSTR: 20@70045255
OR OK @9072 PG 4244 POB«t
NARTHA O. HAYHIE, COMPTROLLER
Rete to/Prepared by iy Poa FL
“oO Pap colin be SEC FEE ‘eee “"
A ET eT LAST PAGE
WARNING!
THIS LEGAL DOCU EFEECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE
Fe PROPERTY VIED BEREIS. UNLESS TRE OWNER OF SUC PROPERTY TAs. ACTION hg
Sra TMEL T U out tn ano vo HUREAT TERNS
Ceca PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
Sinie of Florida
County of Orange a
Contractors, ienor furnished abet $7)
real property in Orange Coury State ot yond
4100 Lae Rad nado) }.
Orlando, FL. Coe
‘A Tract of Land lying ati Seon yore 24 Sodth: Range 29 East
OSS
. 5 J ser Drive, Suite 2,
Ounsd by Bishop Dunciii Investments, (LC, and whose acids 1401 Edgewaies BT
Ripe tsccen
Haase sect nO,
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http://officialrecords.occompt.com/wb_or1/details_img.asp?doc_id=28652555&pg_count3l
00032087
SH YTTS 4500 miami conter Hee FLORIDA 08/6/2007
BOWEN 201 § Biscayne Blvd. ; ‘ 7 we
Miami, Florida 33131 . . :
iami, Florida . a 961607 _ 145305 00013338
63-761/631
SAREE FIVE TWO SIX"
LLP | . or, g IEREARIS 28
PAY. THIRTEEN THOUSAND FIVE HUNDRED TWENTY-SIX AND 00/100 DOLLARS
PAY L & D Ceilings, Inc.
wO003 2087" 106341075 Lam, 20900045004 78"
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Orange County, FL Comptroller
BIR 2@a70557174
OR BK 99403 PG 4910 PGS=1
sETHO Ce HAYNTE, COMPTROLLER
ae COUNTY, FL
y AGeede 7 FP
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Todd F, Kobrin, Esq.
Shutts & Bowen LLP
300 8. Orange Ave., Ste. 1000
Post Office Box 4956
Orlando, FL 32802-4956
407/423-3200
AST PAGE
SATISFACTION OF CLAIM OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that L & D CEILINGS, INC., the Lienor
and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC,
bearing date of the 17° day of January 2007, and recorded on the 224 day of January 2007 in
Official Records Book 9073, at Page 4244, in the Public Records of Orange County, Florida,
claiming a lien in the sum of $560.00 upon the real property lying and being in Orange County,
Florida, as described therein, has accepted and received full payment of said Claim of Lien and °
does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the
Circuit Court to cancel the same of record.
WITNESS my hand and seal this.3/ day of Uy L } 2001.
" & D CHILINGS,
pe
: Sh -
As Its: es Ld. oats
STATE OF FLORIDA
COUNTY OF ORANGE
_The foregoing instrument was acknowledged before me this . 3 j__ day of fa” by by
John «Shred »as Poon , of L & D Gpilings, Inc,
Florida corporation, on behalf of said corporation. He/She (v) is personally known to me oR
( ) has produced : as identification.
ORLDOCS 10925745 1 : 7 : + awe
.
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‘THIS LEGAL DOCUMENT REFLECTS THAT. A CONSTRUCTION LIEN HAS
PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF
PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY RE :
VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND |
BECOME NULE AND VOID THEREAFTER UNLESS EEGAL PROCEEDINGS HAVE BE
COMMENCED TO FORCLOSE OR TO DISCHARGE THIS LIEN.
2002 BLSNI
:
:
CLAIM OF LIEN
STATE OF FLORIDA
COUNTY OF Oninge
Diy appeared , Jeffery: King who: being duly
dng._, Lienor, whose address is!
and that in accordance with-#-con!
INNOS RONYHO “HFTIONI dWOO"S
gdodue=85d Soor Od LOMO HB YO ge)
owned by Bishop Duncan, Vt 7 atonal valué of $22,090.53 ; “¢
of which there remains unpaid §. afd tignished the first of the items on _Avgust 7. 2006 and the lasvah
itoms.on November 14, 2006 nnd that Lienot
U.S. Cerlified Mail, Return Receipe NOD
Signed, sealedgnd delivered
in the prosegcddf ai
Print Name
Leip tase read
SWORN -TO AND SUBSCRIBF BEFORE ME, by Jeffery King es :
Who is personally kiown fo me, and who did take wi oath this, ESI “day-0 1004, :
ig Notice to Owner on the Owner on September 26,2006 b
fi
:
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:
:
Copy Provided to: Great Southern Contractors Ine . .
John Thomas Nolary Public; State bf Florida ;
Kobrin: Halding Company My Commission Expires: S/7/10 |
pr sget wae i
i Cornent (200553513: F :
‘This document prepared by and : epineari7agio =
Should be returned to: Susan L Mult, 2978 Old Dixie Hwy. Ste,-A, Kissimmee, [INUEE#Y rent ins i
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hitp://officialrecords.occompt.com/wb_or | /details_img.asp?doc_id=28693008&p g_coun'
00032138
63-751/631
SH Y TTS WACHOVIA
Mi Cc.
ee Nieeayne BIG. “5. ORLANDO , FLORIO 08/27/2007
B OWEN Miami, Fiorida'33134 : os ee -
7 ~ yu2707 _ 490002 00019637 a co
LLP eee: 2.020
. . . nwo ;we ZERO NINE. A eso _-
pay. TWENTY-TWO THOUSAND NINETY AND 53/100 DOLLARS *
SHUTTS & BOWEN, LLP ESCROW ACCOUNT
Auer & King
woooa2baem OR3so7S523N 209000 4500478" "000 220905 3"
;
aposit Only it:
For D
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R BK 9436 PG O62 PES=1
MARTHA Ch, YMI COMPTROLLER
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Todd F. Kobrin, Esq.
Shutts & Bowen LLP
» 300 S. Orange Ave., Ste. 1000
Post Office Box 4956
Orlando, FL 32802-4956
407/423-3200
BE? AIEEE
SATISFACTION OF CLAIM OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that AUER & KING, INC., the Lienor and
holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC,
bearing date of the 5" day of February, 2007, and recorded on the 6" day of February 2007 in
Official Records Book 9101, at Page 4365, in the Public Records of Orange County, Florida,
claiming a lien in the sum of $22,090.53 upon the real property lying and being in Orange
County, Florida, as described therein, has accepted and received full payment of said Claim of
Lien and does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the
Clerk of the Circuit Court to cancel the same of record. _
a nl
WITNESS my hand and seal this+’] “day of A a sf , 2007.
AUER & KING, INC.
py mse, Oe
Print Name:“Svwn wer ets
Its: RearOuss
STATE OF FLORIDA
COUNTY OF ORANGE
The oon instrument was acknowledged before me, this A’ + Pay of
opis st 2007 by len ©. West » as
Pres, at of Auer & King, Inc., a Florida corporation, on behalf of said corporation.
SShe (%) is personally. known to me OR ( ) has produced -
as identification.
1
Sse Kk UM
Notary Public, State of Florida
eneeeneenezPmaneas
Print Name: _geemonsugagt gist" "9
Commission No.: 2 tan, # 000553613 :
My Commission Expire:
rida Notary Assn., Inc =
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ORLDOCS 10925746 :
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= _ en ew
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Abril’ TION AND CERTIFICATE FOR PAYMEi..
SUBMITTED To: Bishop Dunean Investinents, LLC PROJECT: Shoppes of Lee Road
1321 Edgewater Drive
Otlando, FL 32804
ARCHITECT
3 CONTRACTOR
FROM: Great Southern Contractors ARCHITECT:. Michaet Brady PROJECT NO: 55013
807 South Orlando Avenue, Suite R 100 Colonial Center Parkway, Suite 230 CONTRACT DATE: -
Winter Park, FL 32789 Lake Mary, FL 32746 ‘IGE NO: 42
CONTRACT FOR: General Construction ARCH PROS No: inv °
that to the best of the Contractor's knowledge, ORIGINAL CONTRACT SUM... $ __1,970,491.00_
information ai ed by this Application For Payment has been completed in .
accordance with the Contract Documents, thatalt amounts have been paid NET CHANGE BY CHANGE ORDERS (See Attached CO List) —..160,986.00_
by the. Contractor for Work for which Previous Certificates for Payment were issued and ; 2,131;447.00
Payments received from Owner, and that current payment'shown ‘herein is new due, CONTRACT SUM TO DATE Te barecsetenersesesneeniesttgecenne §
TOTAL COMPLETED AND STORED To DATE 3 ___1,992,942.50
WAIVER & RELEASE OF LIEN RETAINAGE-
Whereas the undersi, ned Contractor has Provided labor, Seivices, Materials, or equipment for
the above project, under an agreement with the Owner. 10% OF COMPLETED Work $ ___199,294.25 _
10 0.00
The Undersigned does hereby waive and release all bond Claims, fens, claims, or Night of ve % OF STORED MATERIAL § mn
claim, oF right of lien, Statutory or otherwise, against the property. Project, Owner, or any other SRETAINAGE feececiee & 199,284.25
Person or entity who is or may be claimed to be liable, or any. Sureties, fortabor, Servicés, TOTAL RETAINAGE ..... , , :
materiats, or equipment, as provided by the Undersigned, to the extent of payment received, as. TOTAL-EARNED Legg RETAINAGE oo $ ___1,793,648,25
indicated herein, together with any. ‘Previous. Paymient(s) already: feceived but excluding any
retainage of any labor, Services, matetials, OF equipment provided after the application period pag OWNER DIRECT PAYMENT BY PURCHASE ORDER So 0.00 |
date stated above The undersigned-agrees that in xchange for teceipt of the above amount
for labor, services, Materials, or equipment as described herein, he does hereby grant this LESS PREVIOUS CERTIFICATES FOR PAYMENT $ ___1,692,595 57
release unconditionally,
CORRENT PAYMENT DUE ce ee $ 101,052.68
337,798.75
98S |
instrument. Stateof gi.
i County of Orange
Great Southern Contractors Subscribed and sworn to before
methis — Thursday. Se:
a7 ae!
NOTARY PUBLIC: LW Fh
My Commission Expires: 6/16/2010
Kenneth M. Tumiin
Dated: September 28, 2006
ee 28, 2006
!
YRIGINAL CONTP ACT PAGE 2.4
~PRIGINAL CONTP ACT PAGE 2.4
Exit = pase
“24 : +
wae MIT™ — kROM. Great Southern Contractors PROJECT: Sho... -s of Lea Road PACE NO: oF
807 South Orlando Avenue, Suite R APPLICATION NUMBER: _ 12
Winter Pask, FL 32789 CONTRACTOR'S PROJECT No. 55013 APPLICATION DATE: 225106
CONTRACT FOR: Generai Construction ARCHITECTS PROJECT No: PERIOD FROM: __ 9/1/06 9. 2/30/06
[AT B ts D I eT FT S { H L 4 i
Tem | DESCRIPTION OF WORK SCHEDULED : WORK COMPLETED ; TOTAL COMPLETE BALANCE RETAINAGE
No. VALUE T THIS APPLICATION AND STORED % TO FINISH
PREVIOUS | “STORED TO DATE Gc (C-G)
i APPLICATIONS | Workin PLACE | MATERIALS sofa OE | a 4
0 | Mobiaatcs 6,000.00 8.00) 0.00 6,000:00 ra 0.08 600.00
02 Supenision 21,784:00 21,784.00 0.00 2,178:40
03 | General Contiitions 24,346.00 24,346.00 6.00 2,434.60
147,616.00 ; 147,616.00. 0.00 14,761.60
110. 49 hese ] 0.00 11,757.50
ae . DFE a| 0.00 2,077.50
97 | Paving 300. 37,400.00 90,400.00 70,400:00 9,040.00
08 Landscaping 5,096.00 5,096.00 52,904.00 509.60
08) Fencing 0.00 0.00 3,348.00 0.00
10 Concrete 439,000.00 139,000.00 0.00 13,900.00
11) Masonry 88,500.00 88,500.00] 100% 0.00 8:850,00
12 Structural Stee] 181,600.00 191,000.00} 100% 0.08 19,100.00
13 | Wood Package 9,699.50 9,699.50! 100% 0.50 969.95
14/1 Rough Carpentry 8,640.00 8,640.00] 100% 0.00 864.00
15 | Roofing 126,200.60 10,000.00 136,200.00 100% 0.00 13,620:00
16 | Waterproofing 0.00 0:00; 0% 5,508.00 0.00
17 HM Doors. Frames 13,117.00 43,117.00) 100% 0.08 1,311.70
18) Glass 8 Glazing 86,500.00 8,500.00. 95,000.00) 100% 0.00 9,500.00
19/-Stucco 72,021.00 72,021.00] 100% 0.00 7,202.10
20] Drywall 203,127.00 203,127.00] 100% 0.00 20/312.70
21 | Acoustical Ceilings 21,600.00 21,600.00 21,600.00! 100% 0.00 2,160.00
22 VCT Flooring 2,653.00 2,853.00 2,653.00] 100% 0.00 265.30
23} Painting 16,278.00. 12,110.00 4,168.00 16,278.00] 100% 0.00 1,627.80
241 Misc. Speciatties 3,765.00 0.00 3,765.00 3,765.00] 100% 0.00 376.50
25) Awnings 11,081.00 11,084.00 11,081.00] 400% 0.00 1,108.10
| 26 | HVAC 88,452.00 88,452.00 88,452.00} 100% 0.00 8,845.20
27 | Plumbing 14;900.60 9,950.00. 4,950.00 14,900.00) 100% 6.00 1,480.06
28} Fite Protection 17,849.00 17,849.00 17,849.00) 400% 0.00 1,784.99
28 | Electrical 271,856.00 263,021.00 8,835.00 271,856.00] 400% 0.00 27,185.60
0.90] 0.00 ? 0.00 0.00
0.00 0.00 ? 0.00 0.00
0.00 0,00 ? 0.06 0.00
| 0.00 0.00 ? 9.00 0.00
|__ Contract Page 24 Taf $1,970,491.06/ $1,753,848.75| $84,481.75 | $0.00] $1,826 330.601 emt ea
Capture Date: October 26, 2006
Current Date: February 05, 2008
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MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
04/26/2087 82136186 PM
REC FEE 1@.88
LAST PAGE
WARNING!
TRIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN
PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH
PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY
REMAIN VALID FOR ONK YEAR FROM THE DATE OF RECORDING, AND SHALL
EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS
HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
CLAIM OF LIEN
STATE OF FLORIDA
COUNTY OF: Orange
Before me, the undersigned notary public, personally appeared Joseph “Rusty” Czajkowaki,
who was duly swom and says that he is the agent of the lienor herein, Cornerstone Sitework and
~ Development, LLC, whose address is 902 Lagoon Drive, Oviedo, Florida 32765; and that in
accordance with 4 contract with Great Southem Contractors, the lienor furnished labor, services, or
materials consisting of labor on the following described real property in Orange County, Florida:
For Improvements of the Real Property Identified As: Parcel ID; 03-22-29-0000-00-072,
1100 Lee Rosd Orlando, Florida 32810
owned by William D, Bishop Hf, of s total value of $13754.38, of which there remains vapaid
$9754.38, and furnished the first of the items on Jan, 22, 2007, and the last of the items on
Jan, 28, 2007,; and (iF the lien is claimed by one not in privity with the owner} that the Lienor served
her or his notice to owner onApril 18, 2007, byZect fied Mail ;and (if required) that the lienor
served copies of the notice on the contractor on i by Joseph “Rusty”
Czajkowski and on the subcontractor, , 00 -
Sworn to (or affirmed) and subscribed before | me this 2% day of
SEER
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ATTENTION CUSTOMERS. THIS PAGE IS BEING PROVIDED
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RECEIVED A CHECK IMAGE FROM ANOTHER FINANCIAL INSTITUTION
IN PLACE OF AN ORIGINAL CANCELED CHECK(S). THE FRONT OF
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WACHOVIA BANK, N.A. , MIAMI LEGAL PRACTICE WEALTH MANAGEMENT
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Todd F, Kobrin, Esq.
Shutts & Bowen LLP
300 S. Orange Ave., Ste. 1000
Post Office Box 4956
Orlando, FL 32802-4956
407/423-3200
SATISFACTION OF CLAIM OF LIEN (LEE ROAD)
KNOW ALL MEN BY THESE PRESENTS, that Comerstone Sitework and
Development, LLC, the Lienor and holder of a certain Claim of Lien filed against BISHOP
DUNCAN INVESTMENTS, LLC, (William D. Bishop II) bearing date of the 23rd day of
April, 2007, and recorded on the 26th day of April, 2007 in Official Records Book 9232, at Page
2701, in the Public Records of Orange County, Florida, claiming a lien in the sum of $9,754.38
upon the real property lying and being in Orange County, Florida, as described therein, has
accepted and received full payment of said Claim of Lien and does hereby acknowledge
satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the
same of record. .
WITNESS my hand and seal this 26" day of Luby , 2007.
CORNERSTONE SITEWORK AND
DEVELOPMENT, LLC, a Florida
limited liability c any
Print Nat tose ‘ BAK aA
Tis: MAUAG. MEMBEI2
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 2 day of.te 2007
by Tatepk Ges sleow ii ,as sere Heber of Comerstone Sitework
and Development, LLC, a Florida limited liability comp4ny, on behalf of said company. He/she
(.) is personally known to me OR @ ) has produced __
Dros LicesS@. as identification.
Todd F. Kobrin
Commission # DD420437 < :
Expires April 19, 2009 Notary Public, State of Florida
Ponting Troy Pein - Insurance, inc. 800-385-7019
cc ith
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WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT 4 CONSTRUCTION LIEN HAS BEEN PLAGEIEDE:
THE REAL. PROPERTY LISTED HEREIN, UNLESS THE OWNER OF SUCH PROPERTY SAKES
ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR 0!
FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND
THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE ©
i that he ie PISS of
TO DISCHARGE THIS LIEN, z
CLAIM OF LIEN i
STATE OF FLORIDA g
COUNTY OF ORANGE =
BEFORE ME, the tindotsigned being :
INVES’ SE a
, “ih Ss, TOWNS 23 SOUTH RANGE EAST, COM-AT SE
Eo AINnOS SoNtuedt j
Wd yes wopeaniti a9 Bu 129d Lote Sa Naren Wa YO apagzzoz00e HISNI
Owned by B ENTIAL E
2804 a val peers wri ‘ Tensina mipald § 6:686,09 and Zamishod the fra of the
en Y. ; ou FEBRUARY 10,2007, aid that Lienor served bis
Note oh ene oe te aera MARCH Of: 2008 by US. Certified Mail, Return Receipt No.
70953110000724476286 ond thatthe Lien served a copy of the notice on the contacter on MARCH 1. 2006 by |
U.S; Certified Mail, Return Recsipt No. N/A
Signed, senled and delivered Company Name:
foe cea ROBBINS. eri
SWORN TO AND SUBSCRIBE ME, by CAROL-ROBBINS, whe produced pFlocida
Driver's License as Sentai dw id abso oh ct a yA 2007. '
Copy Provided to: ‘
JOHN THOMAS
400 PRIMERA BLYD.. SUITE 2
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2090001500478 33235 02/20/2008 $6,686.09
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‘THIS INSTRUMENT PREPARED BY an BK @9591 PG 3865 PGS=1
AND RETURN TO: MARTHA Ge HOYNIE, COMPTROLLER
Todd F. Kobrin, Esq. : ORANGE COUNTY, FL
Shutts & Bowen LLP ; Ne/O7/ 2008 Osr19:07 PM
300 S. Orange Ave., Ste. 1000 ‘ °C FEE 14, 66
Post Office Box 4956 LAST PAGE
Orlando, FL 32802-4956
407/423-3200
SATISFACTION OF CLAIM OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that Robbins Plumbing, Inc., the Lienor and
holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC,
bearing date.of the 4th day of April, 2007, and recorded on the 6th day of April, 2007 in Official
Records Book 9200, at Page 0001, in the Public Records of Orange County, Florida, claiming a
lien in the sum of $6,686.09 upon the real property lying and being in Orange County, Florida, as
described therein, has accepted and received full payment of said Claim of Lien and does hereby
acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court
to cancel the’same of record.
Tt
WITNESS my hand and seal this 6" day of fe Gre , 2008.
By:_|
Print |
Its: .
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this a day of Rlnce 2008,
by Sey re brass , as Vere, Raemedet of Robbins Plumbing, Inc.,
a Florida corporation, on behalf of said corporation. He/she ( 43 personally known to me OR
( ) has produced as identification,
ee
NotaryPublic, State of Florida
ame: 7 188 rand .
Commission Expires:
ashley,
NEBL PL,
Todd F. Kobrin
hed,
Page 2 of 2
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A uartnntaconncitietsasie ne ee ss iments
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QL INSTR 20079927203
oS eT OR BX. 09868 PE 3262 PEB=1
BAH. (oe HAYHIE, COMPTROLLER
LEN. f
ot - Qca- Shee
Propared by sind return to:
Bee-Line Supply Co., Ine.
G3 ?-0. Box 521056
Longwood, Fl’ 32752-1086
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN. PLACED ON
THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES
ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR
FROM THE DATE OF REC ; AND SHALL EXPIRE AND BECOME NULL AND VOID
THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE
OR DISCHARGE THIS. ee
©) CLAIM OF LIEN
STATEOF FLORIDA. 0) SP
COUNTY OF ORAN! :
ORANGE) OQ) /).
BEPORE ME, the undersigned ny J
and says that he is the agent aid authorized re; tive of the Hienor hereing BI
INC., whose address is P. 521086, , FL, 32752-1086, who furnished labor,
materials consisting of: STOREFI LOG SUP/LABOR: R Gn the following described neat
property in ORANGE County; Florida: ; Hi
@, personally appeared Robert E,
services or”
TRACT OF LAND LYING IN SECTION 3 TOWNSHIP 22 SOUTH RANGE 29 EAST ORANGE i
COUNTY Fi MORE PARTICULARLY DESCRIBED EN 0.8. BOOK 8231 PAGE 35 1100 LEE RD,
BUILDING A & C ORLANDO FL 32810; NEW SHELL BUILDING
Under an orilér piven by GREAT SOUTHERN CONTRACTORS.
Owned by BISHOP DUNCAN INVESTMENTS LLC, of total value of NINETY SEVEN THOUSAND
EIGHT HUNDRED EIGHTY-ONE DOLLARS AND NINETY CENTS ($97,881.90) of which-thore
remains unpaid TEN THOUSAND ONE HUNDRED FIFTY EIGHT DOLLARS AND SEVENTY SIX
CENTS ($10,158.76), and furnished the first of the items on AUGUST 16, 2006, and thai the lienor served.tis
notice-to owner on August 22, 2006, by Certified Mail, and the'lienor served copies of the notice to the
Contractor on August 22,.2006,by U.S. Mail.
BEE-LINE SUPPLY CO.,INC, be
SATA
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2) WACHOVIA 8 25
ORLANDO . FLORIDA
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HAS & COLORED BACKGROUND,
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OR BK 29436 PG 9517 PGS=1
WORTHA. D.
ORANGE COUNTY, FL
THIS INSTRUMENT PREPARED BY
AND RETURN TO: 7 99258351 6h
Todd F. Kobrin, Esq. 1G, 48
Shutts & Bowen LLP
300 S. Orange Ave., Ste.
Post Office Box 4956
Orlando, FL 32802-4956
407/423-3200
SATISFACTION OF CLAIM OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that BEE-LINE SUPPLY CO., the Lienor and
holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, bearing
date of the 11" day of January 2007, and recorded on the 17" day of January 2007 in Official
Records Book 9068, at Page 3282, in the Public Records of Orange County, Florida, claiming a lien
in the sum of $10,158.76 upon the real property lying and being in Orange County, Florida, as
described therein, has accepted and received full payment of said Claim of Lien and does hereby
acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to
cancel the same of record. .
WITNESS my hand and seal this 28 day of_AwGust __, 2007.
BEE-LINE SUPPLY CO., INC.
By: - .
Print Name:_Mt a Anson
As Its:_ GRNERAL PrawacbR
STATE OF FLORIDA
COUNTY OF ORANGE
. .
The foregoing instrument was acknowledged before me this 2 day of
OH {Qanco
Bagot , 2007 by Ger clinol ST. hyase cr , as
of Bee-Line Supply Co., Inc., a Florida corporation, on behal! of said corporation, He/She ( -) is
personally known tome OR ( #has produced vers Cicans & as
identification.
uty, Todd F. Kobrin - :
3 fa Commission # DD420437 tary Public, State of floriga &
“e° Expires April 19, 2009 ¢int Name: _ Jomo aa
Bonded Try Fain + Ineuranse, ino, 800-385-7019 Commission No.:_D 42m
My Commission Expires: ais
ORLDOCS 10925744 1 _
HAYNTE, COMPTROLLER
Ag anet
Docket for Case No: 10-000002
Issue Date |
Proceedings |
Mar. 04, 2010 |
Transmittal letter from Claudia Llado forwarding a Transcript of the Proceedings, to the agency.
|
Mar. 02, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Feb. 26, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 25, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 13, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Feb. 15, 2010 |
Tumlin's Response to Petitioner's Case Status Report filed.
|
Feb. 15, 2010 |
Petitioner's Case Status Report filed.
|
Feb. 08, 2010 |
Transcript of Proceedings filed. |
Jan. 26, 2010 |
Order on Pending Motions.
|
Jan. 21, 2010 |
CASE STATUS: Motion Hearing Held. |
Jan. 21, 2010 |
Amended Motion to Dismiss Administrative Complaint or in the Alternative Motion to Quash filed.
|
Jan. 21, 2010 |
Reply to Petitioner's Response to Motion to Dismiss Administrative Complaint filed.
|
Jan. 19, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Jan. 19, 2010 |
Petitioner's Memorandum of Law in Supplement to Response to Respondent's Motion to Dismiss (filed in Case No. 10-000002).
|
Jan. 14, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Jan. 13, 2010 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for March 22 through 26, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Jan. 13, 2010 |
Petitioner's Response to Objection to Motion to Consolidate filed.
|
Jan. 13, 2010 |
Respondent's Objection to Petitioner's Motion to Consolidate filed.
|
Jan. 13, 2010 |
Order of Consolidation (DOAH Case Nos. 09-6015, 10-0001, 10-0002).
|
Jan. 12, 2010 |
Petitioner's Notice of Deposition of Expert Witness (of B. Mathews) filed.
|
Jan. 12, 2010 |
Petitioner's Request for Hearing on the Motions filed.
|
Jan. 12, 2010 |
Petitioner's Response to Respondent's Response to Initial Order filed.
|
Jan. 12, 2010 |
Respondent's Response to Initial Order filed.
|
Jan. 07, 2010 |
Petitioner's Motion to Consolidate Cases filed.
|
Jan. 07, 2010 |
Order of Pre-hearing Instructions.
|
Jan. 07, 2010 |
Notice of Hearing (hearing set for March 25, 2010; 9:00 a.m.; Orlando, FL).
|
Jan. 06, 2010 |
Petitioner's First Request for Admissions to Respondent filed.
|
Jan. 06, 2010 |
Petitioner's Notice of Service of First Set of Interrogatories filed.
|
Jan. 06, 2010 |
Petitioner's Motion to Allow Additional Requests for Admissions (with Attached Requests for Admissions) filed.
|
Jan. 06, 2010 |
Petitioner's Notice of Appearance of Co-Counsel filed.
|
Jan. 05, 2010 |
Unilateral Response to Initial Order filed.
|
Jan. 04, 2010 |
Initial Order.
|
Jan. 04, 2010 |
Administrative Complaint filed.
|
Jan. 04, 2010 |
Ken Tumlin's Motion to Dismiss Administrative Complaint filed.
|
Jan. 04, 2010 |
Petitioner's Response to Amended Motion to Dismiss Administrative Complaint filed.
|
Jan. 04, 2010 |
Tumlin's Amended Motion to Dismiss Administrative Complaint or in the Alternative a Motion to Quash filed.
|
Jan. 04, 2010 |
Election of Rights filed.
|
Jan. 04, 2010 |
Agency referral filed.
|
|
CASE STATUS: Pre-Hearing Conference Held. |