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physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If t-he " -� - detef inns th the conditions at the site are not materially different from those indicated in the Contract Documents and tea# no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such findings must be made within 21 days after the Architect has given notice of the finding. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree that the conditions are materially different or cannot agree THIS DOCUMENT HAS IMPORTANT LEGAL on an adjustment in the Contract Sum or Contract Time, the matter shall be ed0 CONSEQUENCES. CONSULTATION WITH AN " 43oe -to -the mhkeet -initial herr, subject to further proceedings ATTORNEY 15 ENCOURAGED WITH RESPECT pursuant to Paragraph 4.4. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 4 . 3 . 5 Claims for Additional Cost . If the Contractor wishes to make Claim for an ELECTRONICALLY DRAFTED AIA increase in the Contract Sum , written notice as provided herein shall be given before DOCUMENT MAYBE MADE BY USING AIA proceeding to execute the Work. Such notice shall include to the extent then known by DOCUMENT D401. Contractor, full details and substantiating data to permit evaluation by the Owner and This document has been approved and the Architect If further, or other, information subsequently becomes known to endorsed by The Associated General contractor, It shall be promptly furnished to the Owner and the Architect in writing Contractors of America. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph io. 6. 4 . 3 . 6 If the Contractor believes additional cost is involved for reasons including but not limited to ( i) a written interpretation from the Architect, ( 2) an order by the Owner to stop the Work where the Contractor was not at fault, ( 3) a written order for a minor change in the Work issued by the Architect, ( 4) failure of payment by the Owner, ( 5 ) termination of the Contract by the Owner, ( 6) Owner's suspension or ( 7) other reasonable grounds, Claim shall be piled in accordance with this Paragraph 4.3. Failure to file any such Claim in accordance with this Paragraph 4 , 3 shall constitute a waiver thereof, 4 . 3 . 7 Claims for Additional Time 4 . 3 . 7. 1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4. 3 . 7. 2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were seasonally abnormal at the Project site for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction . 4 . 3 . 8 Injury or Damage to Person or Property . If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or ofP961-4w others for whose acts such party is legally responsible, written notice of such injury or damage , whether or not insured, shall be given to the Architect and the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient 01997 AIA® detail to enable the other party to investigate the matter. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911 , 19151 19181 1925t 1937, 1951 , 1958, CONTRACT FOR CONSTRUCTION 1958t1961 , 1963v 1966, 1967, 197 1976, 19871 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N .W. States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . Washington, D .C. 20006-5292 copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: general conditions (standard) admin bldg 97 a201 .aia -- 5/5/2003. AIA License Number 1127252, which expires on 7/31/2003. 22