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<br /> § 15.1 .6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1
<br /> The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to j
<br /> this Contract. This mutual waiver includes
<br /> .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br /> business and reputation, and for loss of management or employee productivity or of the services of
<br /> such persons; and
<br /> .2 damages incurred by the Contractor for principal office expenses including the compensation of
<br /> personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br /> except anticipated profit arising directly from the Work.
<br /> rrrThis mutual waiver is applicable, with limitation, to all consequential damages due to either party' s termination
<br /> in accordance with Article 14. Nothing contained in this Section 15 . 1 .6 shall be deemed to preclude an award of
<br /> liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br /> § 15.2 INITIAL DECISION
<br /> r - 11 r § 15.2.1 Claims, excluding those arising under Sections 10 .3 , 10.4, 11 . 3 . 9, and 11 . 3 . 10, shall be referred
<br /> to the Initial
<br /> IMF — tr
<br /> Decision MakerI for initial decision . The Architect will serve as the Initial Decision Maker, unless otherwise
<br /> r r : In in the Agreement.` Except for those Claims excluded by this Section 15 .2 . 1 , an initial decision shall be
<br /> required is a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30
<br /> days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
<br /> OJNHIr rr —r rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will
<br /> not decide
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<br /> dispute%tottrs between the Contractor and persons or entities other than the Owner.
<br /> r—rat§ 15.2:2 Thr,rre Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
<br /> more of the followi1 .
<br /> ng actions:
<br /> "( 1 ) request additional supporting data from the claimant or a response with supporting
<br /> data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
<br /> Ir or {5) adyise ''the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
<br /> lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the
<br /> Initial Decision Maker ' s sole 'discretion, it would be inappropriate for the Initial Decision Maker to resolve the
<br /> Claim:
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<br /> § 15,2.3 In evaluating Claims the Initial Decision Maker may, but shall not be obligated to, consult with or seek
<br /> information from either party orr om persons with special knowledge or expertise who may assist the Initial
<br /> Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
<br /> the Owner' s expense.
<br /> tr
<br /> rr
<br /> such persons atIr
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<br /> § 15.2.4 If the 'Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
<br /> supporting data, .such party shall respond ; within ten days after receipt of such request, and shall either ( 1 ) provide a
<br /> response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
<br /> data will be famished or (3 ) advise the Initial Decision Maker that no supporting data will be furnished. Upon
<br /> receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
<br /> in whole or input.
<br /> § 15.295 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
<br /> the InitiaLDecision Maker is unable to resolve the Claim. This initial decision shall ( 1 ) be in writing; (2) state the
<br /> reasons therefor ; and {3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
<br /> Maker, of any, change ih the Contract Sum or Contract Time or both. The initial decision shall be final and binding
<br /> on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
<br /> dispute resolution.
<br /> § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15 .2 . 6. 1 .
<br /> § 15.2.6. 1 1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party
<br /> file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the
<br /> demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue
<br /> binding dispute resolution proceedings with respect to the initial decision .
<br /> AIA Document A2017M - 2007. Copyright 01911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 , 1997 and
<br /> 2007 by The American
<br /> Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
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<br /> reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes : (811102566)
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