|
responsible, written notice of such injuryor damage, whether or not insured shall be given to the Architect and the
<br /> g
<br /> other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide suficient detail
<br /> to enable the other party to investigate the matter. I
<br /> § 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br /> contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
<br /> application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
<br /> Contractor, the applicable unit prices shall be equitably adjusted .
<br /> § 4.3. 10 Waiver of Claims for Consequential Dan;age&.—Damat=es The Contractor and the lwner waive
<br /> Claims against each other for all consequential damages arising out of-of, or r-elatifie rel ted to
<br /> termination of this Contract. TF, Ls mutual wail V %V,e.. ""�' " ''� " :Nothing contained in this section 4 . 3 . 10
<br /> shall be deemed to preclude the award and payment of liquidated damages by Contracto to Owner
<br /> pursuant to the Contract Documents . Liquidated Damages pursuant to the Contract Doc iments are
<br /> Owner' s sole remedy for delay_
<br /> profit,-1 daniagesineuFFed by the Owner- fer- fental expenses, for- lesser, of use, ineeme, fin,
<br /> ,
<br /> 09
<br /> eh and
<br /> .2
<br /> personnel stationed theFe, for lesses of finaneing, business and feputation, and fef less e JW0&
<br /> in aecer4anee with Article 14 . Nothing contained in this Section 4 .3 . 10 shall be deemed to pFeclude an awafd e
<br /> liquidated . damages,
<br /> §4.4 RESOLUTION OF CLAIMS AND DISPUTES
<br /> §'-4.4', 1Decision of Architect. Claims, including those alleging an error or omission by the Architect bul excluding
<br /> those arising under Sections 10.3 through 10.5 , shall-ma u on re uest ,of both the Owner and the Contractor be
<br /> referred initially to the Architect for a eendition
<br /> preeedent te mediatien, afbitfatien or- litigation of all Claims between the Gentfaetef and Ow � & to the
<br /> date final payment is due, unless 30 days haize passed after- the Claim has been fefeEFed te the Afehiteet with no
<br /> deeision having been r-ender-ed by the Arehiteet. The Arehiteet will not deeide disputes between the Con wter- and
<br /> pefsens or- • ecommendation.
<br /> § 4.4.2 The Architect will review all Claims referred and within ten days of the receipt of the Claim take one or more
<br /> of the following actions : ( 1 ) request additional supporting data from the claimant or a response with supporting data
<br /> from the other party, (2) rejecFrecommend rejecting the Claim in whole or in part, (3 ) app>=eve-recomm nd approval
<br /> of the Claim, (4) suggest-recommend a compromise, or (5) advise the parties that the Architect is unable to resolve
<br /> the-Glairfi-make a recommendation if the Architect lacks sufficient information to evaluate the merits of the Claim or
<br /> if the Architect concludes that, in the Architect' s sole discretion, it would be inappropriate for the Archi ect to
<br /> feselve the Qaim. make'' a recommendation.
<br /> §' 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek inforrr. ation from
<br /> either pai4y ef ffem per-sons with speeial knowledge eF expef4ise whe may assist the Afehite.a
<br /> Owner' sparty.
<br /> § 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supportin ig data,
<br /> such party, shall respond, within ten days after receipt of such request, and shall either provide a response on the
<br /> requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the
<br /> Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, ifa y, the
<br /> Architect will b
<br /> take one of the last four (4) numbered actions contemplate
<br /> subparagraph 4.4.2, in ting the reasons therefor.
<br /> § 4.4.5 The Architect will approve OF FejOCt Claims by wr-itten decision, whieh shall state the reasons.
<br /> of a Claim by the Arehiteet shall be final and bindingen the pai4ies but subjeet to mediation and afbitfatiew.
<br /> AIA Document A201 TM - 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 195111958$ 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by
<br />The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA' Document is protected by U.S. Copyright Law and In�ernatlonal Treaties.
<br /> Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result in severe civil and criminal nalties, and will be
<br /> 21
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: ( 1205244124)
<br /> i
<br />
|