substantiate-Claims shall be initiated b written notice and shall
<br /> y .b ex ressl
<br /> stated to be a Claim under this paragraph 4. 3 .
<br /> § 4.3.2 Time Limits on Claims . Except for: (a) Claims for concealed or unknown conditions governed E y section
<br /> 4. 3 .4 : and (b) claims for time extensions governed by section 8 3 Claims �y either party must shall be initiated
<br /> within 24- 10 days after occurrence of the event giving rise to such Claim or within 2-1- 10 days after the claimant
<br /> first recognizes the condition giving rise to the Claim, whichever is later. Claims niust shall be initiated by written
<br /> notice to the Architect and the other party .
<br /> § 4.3 .3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agre d in writing
<br /> oras provided in Section 9 .7 . 1 and Article 14, the Contractor shall proceed diligently with performanc of the
<br /> Contract and the Owner shall continue to make payments in accordance with the Contract Documents .
<br /> § 4. 3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are ( 1 )
<br /> subsurface or otherwise concealed physical conditions which differ materially from those indicated in tie Contract
<br /> Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily
<br /> found to exist and ;generallyrecognized as inherent in construction activities of the character provided f or in the
<br /> Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions
<br /> are disturbed and in no event later than 24- 10 days after first observance of the conditions . The Architect will
<br /> promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the
<br /> Contractor' s cost of, or time required for, performance of any part of the Work, will recommend an equitable
<br /> adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site
<br /> are not materially different from those indicated in the Contract Documents and that no change in the terms of the
<br /> Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by
<br /> either party in opposition to such deteEminatien findings must be made within 21 days after the Architect has given
<br /> notice of the deeision. finding. If the conditions encountered are materially different, the Contract Sum and Contract
<br /> Time shall be equitably adjusted, but if the Owner and Contractor cannot agree that the conditions are materially
<br /> different or cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall- latter may
<br /> be r-e=c . a to the "r-ehiteet f l a ' , subject to further proceedings pursuant to Section A .4. No
<br /> Claim of the Contractor under this section 4.3 .4 shall be allowed unless the Contractor has given the notice re wired
<br /> in this section 4.3>.4.
<br /> § 4.3. 5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum,
<br /> written notice as provided herein shall` be ' given before proceeding to execute the Work. Such notice shall include
<br /> to the extent then known by Contractor, full details and substantiatingdata ata to permit evaluation by the Owner and
<br /> the Architect If further, or other, information subseguently becomes known to contractor, it shall be promptly
<br /> furnished to the Owner and the Architect in writing Prior notice is not required for Claims relating to an emergency
<br /> endangering life or property arising under Section 10. 6 .
<br /> § 4.3 .6 If the Contractor believes additional cost is involved for reasons including but not limited to ( 1 ) a written
<br /> interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault,
<br /> (3) a;,written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5)
<br /> termination of the Contract by the Owner, (6) Owner' s suspension or (7) other reasonable grounds, Claim shall be
<br /> filed in accordance with this Section 4.3 . Failure to file any such Claim in accordance with this Section 4. 3 shall
<br /> constitute a waiver thereof.
<br /> § 4.3.7 Claims for Additional Time
<br /> § 4.3. 7. 1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as p ovided
<br /> herein shallbegiven. The Contractor' s Claim shall include an estimate of cost and of probable effect of delay on
<br /> progress of the Work. In the case of a continuing delay only one Claim is necessary.
<br /> § 4.3.7.2' If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
<br /> by data substantiating that weather conditions were seasonally abnormal at the Project site for the period ', of time,
<br /> could not have been reasonably anticipated and had an adverse effect on the scheduled construction.
<br /> I § 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or
<br /> property because of an act or omission of the other party, or of others for whose acts such party is legally
<br /> AIA Document A201 Tu - 1997. Copyright ® 19119 1915, 1918, 1925, 19379 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 a id 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties.
<br /> 20
<br /> Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal p nalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/20C}5 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: ( 1205244124)
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