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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) <br /> I V <br /> t <br />