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§ 13.4 RIGHTS AND REMEDIES
<br /> § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available tlltereunder
<br /> shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed, or available
<br /> by law.
<br /> §, 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a r�ght or duty
<br /> afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
<br /> breach thereunder, except as may be specifically agreed in writing.
<br /> § 13.5 TESTS AND INSPECTIONS
<br /> § '13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents oi by laws,
<br /> ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
<br /> Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an
<br /> independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
<br /> bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely r otice of
<br /> when and where tests and inspections are to be made so that the Architect may be present for such procedures . The
<br /> Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are
<br /> received or negotiations eeneladed:concluded unless such tests inspections or approvals replace or modify pre-
<br /> existing requirements in whichevent the Owner shall bear any net additional costs thereof.
<br /> § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the ork require
<br /> additional testing, inspection or approval not included under Section 13 . 5 . 1 , the Architect will, upon written
<br /> authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
<br /> or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
<br /> when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such
<br /> costs, except as provided in Section 13 .5 .3 , shall be at the Owner' s expense.
<br /> § 13.5.3 If such proceduresfortesting, inspection or approval under Sections 13 . 5 . 1 and 13 .5 . 2 reveal fai ure of the
<br /> portions of the Work to comply with requirements established by the Contract Documents, all costs mad necessary
<br /> by such failure including those of repeated procedures and compensation for the Architect ' s services and expenses
<br /> shall be at the Contractor' s 'expense.
<br /> § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
<br /> Documents, be secured by the Contractor and promptly delivered to the Architect.
<br /> § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the
<br /> Architect will do so promptly and, where practicable, at the normal place of testing.
<br /> § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
<br /> unreasonable delay in the Work.
<br /> § 13.6 INTEREST
<br /> § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at
<br /> sueh fate as the panies may a A iting er-, in the absenee thereof-, at the legal rate pn 3m fifne to
<br /> time at the plaee whefe the PF�ojeetis . 1%per month.
<br /> § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
<br /> § 13.7. 1 As between the Owner and Contractor:
<br /> . 1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant I'date of
<br /> Substantial Completion, any applicable statute of limitations shall commence I run andaE y alleged
<br /> cause of action shall be deemed to have accrued in any and all events not later than such date of
<br /> Substantial Completion;
<br /> .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act
<br /> occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final
<br /> Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged
<br /> cause of action shall be deemed to have accrued in any and all events not later than the date of
<br /> issuance of the final Certificate for Payment; and
<br /> AIA Document A201 TM - 1997. Copyright 0191131915v 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 an 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.
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